South Dakota Codified Laws 33-10-146. Defense of lack of mental responsibility
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It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.
Terms Used In South Dakota Codified Laws 33-10-146
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: SL 2012, ch 175, § 127.