23A-27A-6. Designation by judge in nonjury cases--At least one aggravating circumstance required for death penalty imposition.In nonjury cases the judge shall, after conducting the presentence hearing as provided in §23A-27A-2, designate, in writing, the aggravating circumstance or circumstances, if any, which he found beyond a reasonable doubt. Unless at least one of the statutory aggravating circumstances enumerated in §23A-27A-1 is so found, the death penalty shall not be imposed. Source: SL 1979, ch 160, §6.
South Dakota Legal Code