Incompetent person cannot be tried, sentenced or punished.

  1. Law
  2. South Dakota Codified Laws
  3. Criminal Procedure
  4. Inquiry Into Defendant's Mental Competency To Proceed
  5. Incompetent person cannot be tried, sentenced or punished.

Checkout our iOS App for a better way to browser and research.

23A-10A-2. Incompetent person cannot be tried, sentenced or punished.

A person cannot be tried, sentenced, or punished for any public offense while he is mentally incompetent to proceed.

Source: CCrimP 1877, §514; CL 1887, §7564; RCCrimP 1903, §543; RC 1919, §4793; SDC 1939 & Supp 1960, §34.2001; SDCL, §23-38-1; SL 1978, ch 175, §1.


Download our app to see the most-to-date content.