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South Dakota

Code Section
22-16-4; 23A-27A-1, et seq.


Effect of Incapacity
Sentence suspended during period of mental incompetency or while defendant is pregnant. In event of pregnancy, execution may be carried out not less than 30 days nor more than 90 days from date of new warrant from the governor appointing the execution; life sentence without parole if mentally retarded at time of crime and was mentally retarded before age 18

Minimum Age
No minimum age


Capital Homicide
Prior felony convictions, class A/B felony/serious assaultive criminal convictions; knowingly created great risk of death to others; for the benefit of the defendant or another; for the purpose of receiving money or any other thing of monetary value; for remuneration or as agent/employee of another; members of criminal justice system (judge, attorneys) related to their exercise of duties; outrageously or wantonly vile, horrible or inhuman; law officer, corrections employee, fireman while engaged in performance of official duties; offender escaped from lawful custody/confinement; avoiding lawful arrest of himself or another; in connection with distributing, manufacturing or dispensing illegal substances; testimony regarding impact of crime on victim’s family; if victim is less than 13 years old

Method of Execution
Lethal injection

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