South Dakota § 22-5-5 - Voluntary intoxication--Crimes involving motive or intent.
Full text of South Dakota South Dakota Codified Laws § 22-5-5 — Voluntary intoxication--Crimes involving motive or intent., with citation guidance and answers to common questions.
§ 22-5-5. Voluntary intoxication--Crimes involving motive or intent.
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.
Source: SDC 1939, § 13.0504; SL 2005, ch 120, § 380.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 22-5-5
What does South Dakota Codified Laws § 22-5-5 cover?
Section 22-5-5 ("Voluntary intoxication--Crimes involving motive or intent.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 22-5-5?
A common citation format is "South Dakota Codified Laws § 22-5-5" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 22-5-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.