22-16-4. Homicide as murder in the first degree.
Homicide is murder in the first degree :
(1)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
(2)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.