22-16-15. Homicide as manslaughter in first degree--Felony. Homicide is manslaughter in the first degree if perpetrated:
(1) Without any design to effect death, including an unborn child, while engaged in the commission of any felony other than as provided in § 22-16-4(2);
(2) Without any design to effect death, including an unborn child, and in a heat of passion, but in a cruel and unusual manner;
(3) Without any design to effect death, including an unborn child, but by means of a dangerous weapon;
(4) Unnecessarily, either while resisting an attempt by the person killed to commit a crime or after such attempt has failed.
Manslaughter in the first degree is a Class C felony.
Source: SDC 1939, §§ 13.2013, 13.2015; SDCL, §§ 22-16-16, 22-16-17, 22-16-19; SL 1976, ch 158, § 16-3; SL 1977, ch 189, § 41; SL 1995, ch 122, § 11; SL 2005, ch 120, § 160.
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