22-3-1. Persons capable of committing crimes--Exceptions.Any person is capable of committing a crime, except those included in the following classes:(1)Any child under the age of ten years;(2)Any child of the age of ten years , but under the age of fourteen years, in the absence of proof that at the time of the committing the act or neglect charged, the child knew its wrongfulness;(3)Any person who committed the act or made the omission charged under ignorance or mistake of fact which disproves any criminal intent. However, ignorance of the law does not excuse a person from punishment for its violation;(4)Any person who committed the act charged without being conscious thereof; or(5)Any person who committed the act or made the omission charged while under involuntary subjection to the power of superiors. Source: SDC 1939, §13.0201; SL 1968, ch 28, §§1, 2; SL 1976, ch 158, §§3-1, 3-5; SL 1983, ch 174, §3; SL 1985, ch 192, §10; SL 2005, ch 120, §370.
South Dakota Legal Code