No act committed by a person while in a state of voluntary intoxication may be deemed less criminal by reason of such condition. But if the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time in determining the purpose, motive, or intent with which the accused committed the act.
S.D. Codified Laws § 22-5-5
Voluntary intoxication--Crimes involving motive or intent
Applied in 12 court decisions — leading case State v. O'CONNOR (1972)
Most recently applied in Hopfinger v. Leapley (February 1994)
Source: SDC 1939, § 13.0504; SL 2005, ch 120, § 380.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.