33-10-155. Number of votes required.No person may be convicted of an offense except as provided in §33-10-136 or by the concurrence of two-thirds of the members present at the time the vote is taken.All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused. Source: SL 2012, ch 175, §136.
South Dakota Legal Code