22-16-3. Relationship between accused and victim bearing on degree of homicide.
If the degree of homicide is made to depend upon its having been committed under circumstances evidencing a depraved mind or unusual cruelty, or in a cruel manner, the jury may take into consideration any domestic or confidential relationship which existed between the accused and the person killed.
Source: SDC 1939, §13.2005; SL 1976, ch 158, §16-1; SL 2005, ch 120, §153.