If a defense of insanity or mental illness has been presented during a trial, the court shall provide the jury with a special verdict form of "guilty but mentally ill" for each offense. The court shall instruct the jury that a special verdict of "guilty but mentally ill" may be returned instead of a general verdict. The court shall also instruct the jury that the special verdict requires a finding beyond a reasonable doubt by the jury that the defendant committed the offense but that he was mentally ill at the time he committed the offense.
S.D. Codified Laws § 23A-25-13
Guilty but mentally ill verdict--Forms furnished--Instructions
Applied in 2 court decisions — leading case State v. Chipps (2016)
Most recently applied in State v. Chipps (January 2016)
Source: SL 1983, ch 174, § 13; SL 1988, ch 191.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.