As used in §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive, intellectual disability means significant subaverage general intellectual functioning existing concurrently with substantial related deficits in applicable adaptive skill areas. An intelligence quotient exceeding seventy on a reliable standardized measure of intelligence is presumptive evidence that the defendant does not have significant subaverage general intellectual functioning.

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In South Dakota Codified Laws 23A-27A-26.2

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Source: SL 2000, ch 112, § 2; SL 2018, ch 148, § 2.