22-16-4 Homicide as murder in the first degree.
Homicide as murder in the first degree.
Homicide is murder in the first degree :
If perpetrated without authority of law and with a premeditated design to effect the death
of the person killed or of any other human being, including an unborn child; or
If committed by a person engaged in the perpetration of, or attempt to perpetrate, any
arson, rape, robbery, burglary, kidnapping, or unlawful throwing, placing, or discharging
of a destructive device or explosive.
Homicide is also murder in the first degree if committed by a person who perpetrated, or who
attempted to perpetrate, any arson, rape, robbery, burglary, kidnapping or unlawful throwing, placing
or discharging of a destructive device or explosive and who subsequently effects the death of any
victim of such crime to prevent detection or prosecution of the crime.
Source: SDC 1939, § 13.2007 (1); SL 1979, ch 160, § 2; SL 1980, ch 173, § 9; SL 1992, ch 161;
SL 2005, ch 120, § 154.