22-16-15. Homicide as manslaughter in first degree--Felony.Homicide is manslaughter in the first degree if perpetrated:(1)Without any design to effect death, including an unborn child, while engaged in the commission of any felony other than as provided in §22-16-4(2);(2)Without any design to effect death, including an unborn child, and in a heat of passion, but in a cruel and unusual manner;(3)Without any design to effect death, including an unborn child, but by means of a dangerous weapon;(4)Unnecessarily, either while resisting an attempt by the person killed to commit a crime or after such attempt has failed.Manslaughter in the first degree is a Class C felony. Source: SDC 1939, §§13.2013, 13.2015; SDCL, §§22-16-16, 22-16-17, 22-16-19; SL 1976, ch 158, §16-3; SL 1977, ch 189, §41; SL 1995, ch 122, §11; SL 2005, ch 120, §160.
South Dakota Legal Code