SD 22-16-31. Excusable homicide–Heat of passion–Provocation–Sudden combat–Limitations.

State: South Dakota

South Dakota Codified Laws (S.D.C.L.)

CHAPTER 22-16.  HOMICIDE AND SUICIDE

22-16-31.   Excusable homicide–Heat of passion–Provocation–Sudden combat–Limitations. 

Homicide is excusable if committed by accident and misfortune in the heat of passion, upon sudden and sufficient provocation, or upon a sudden combat. However, to be excusable, no undue advantage may be taken nor any dangerous weapon used and the killing may not be done in a cruel or unusual manner.