Manslaughter in South Dakota: Degrees, Sentences and DUI Deaths

South Dakota has two degrees of manslaughter: manslaughter in the first degree (SDCL 22-16-15), a Class C felony punishable by up to life imprisonment, covers four kinds of killing done without a design to cause death, and manslaughter in the second degree (22-16-20), a Class 4 felony of up to 10 years, covers any other reckless killing that is not murder or excusable or justifiable homicide. Deaths caused by impaired driving are a separate offense, vehicular homicide (22-16-41), a Class 3 felony of up to 15 years with a licence revocation of at least 10 years.

For other states, see our guide to manslaughter laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the South Dakota statutes on homicide below murder: first- and second-degree manslaughter (SDCL 22-16-15, 22-16-20), vehicular homicide (22-16-41), watercraft homicide (22-16-43), fetal homicide (22-16-1.1), and the related sentencing, parole and traffic statutes. It does not cover murder (see how long a life sentence is in South Dakota and our overview of murder sentencing guidelines), self-defense (see South Dakota self-defense laws), civil lawsuits by surviving family (see South Dakota wrongful death law), or federal offenses, which the manslaughter laws hub covers.

What is manslaughter in South Dakota?

South Dakota's homicide chapter opens with a closed list of categories:

"Homicide is the killing of one human being, including an unborn child, by another. Homicide is either: (1) Murder; (2) Manslaughter; (3) Excusable homicide; (4) Justifiable homicide; or (5) Vehicular homicide." SDCL 22-16-1

Manslaughter comes in two numbered degrees. South Dakota does not use the labels voluntary and involuntary manslaughter. The closest match to voluntary manslaughter is the heat-of-passion form of first-degree manslaughter, and the closest match to involuntary manslaughter is second-degree manslaughter, the reckless killing. The fit is loose, because the first degree also reaches killings with a dangerous weapon or during a felony, whatever the killer's emotional state.

South Dakota has no criminally negligent homicide offense. In chapter 22-16, the homicide offenses built on negligence are vehicular homicide and watercraft homicide, and both also require impairment (22-16-41, 22-16-43).

Manslaughter in the first degree

"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." SDCL 22-16-15

The first three forms share one element: no design to effect death. The fourth applies to a person resisting the victim's attempted crime, where the killing was unnecessary.

Manslaughter in the second degree

"Any reckless killing of one human being, including an unborn child, by the act or procurement of another which, under the provisions of this chapter, is neither murder nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree. Manslaughter in the second degree is a Class 4 felony." SDCL 22-16-20

Both degrees are lesser included offenses of first- and second-degree murder, and second-degree manslaughter is a lesser included offense of first-degree manslaughter (22-16-20.1).

Is manslaughter a felony in South Dakota?

Yes. Every homicide offense below murder in chapter 22-16 is a felony, and none has a misdemeanor grade. The class-sentencing statute, SDCL 22-6-1, sets the maximums:

Under 22-6-1, a Class C felony is punishable by "life imprisonment in a state correctional facility," a Class 3 felony by "fifteen years," a Class 4 felony by "ten years," and a Class 6 felony by "two years imprisonment in a state correctional facility or a fine of four thousand dollars, or both." The Class B and Class A felonies are the classes for which that section bars a lesser sentence. For how South Dakota sentences each felony class, see South Dakota felony and misdemeanor classes.

Heat of passion and the reduction from murder

The only heat-of-passion form of manslaughter in South Dakota is narrow: subdivision (2) of 22-16-15 requires a killing without any design to effect death, "in a heat of passion, but in a cruel and unusual manner."

The South Dakota Supreme Court set out the pattern definition in State v. Swan, 2019 S.D. 14, quoting the instruction the defendant requested:

"'Heat of passion' which will reduce a killing from murder to manslaughter in the first degree means a suddenly formed passion which was caused by reasonable and adequate provocation on the part of the person slain, causing a temporary obscurity of reason rendering a person incapable of forming a premeditated design to kill and which passion continues to exist until the commission of the homicide."

The opinion adds that "The sufficient provocation must be such as would naturally and reasonably arouse the passion of an ordinary person beyond his power to control." In Swan the court reversed a second-degree murder conviction and remanded for a new trial on the lesser-included-offense instructions.

Excusable homicide is different. Heat of passion also appears in 22-16-31, which makes a homicide excusable "if committed by accident and misfortune in the heat of passion, upon sudden and sufficient provocation, or upon a sudden combat," but only if "no undue advantage may be taken nor any dangerous weapon used and the killing may not be done in a cruel or unusual manner."

Panic defense. Sections 22-16-15, 22-16-20 and 22-16-31 contain no language on a victim's sexual orientation or gender identity, and South Dakota has no statute barring a gay or trans panic provocation claim.

Self-defense and justifiable homicide are separate questions; see South Dakota self-defense laws.

Reckless killing: second-degree manslaughter

The mental state for second-degree manslaughter is recklessness, which Title 22 defines in 22-1-2(1):

"The words, 'reckless, recklessly,' and all derivatives thereof, import a conscious and unjustifiable disregard of a substantial risk that the offender's conduct may cause a certain result or may be of a certain nature."

Negligence is a lower standard. The same section says the words neglect and negligently "import a want of attention to the nature or probable consequences of an act or omission which a prudent person ordinarily bestows in acting in his or her own concerns," and that where negligence suffices for an element, "recklessness, knowledge, intent, or malice also constitutes sufficient culpability for such element."

Swan applied the definition to a request for a second-degree manslaughter instruction: "Swan has presented no evidence that he acted recklessly by consciously and unjustifiably disregarding a substantial risk. ... Therefore, Swan was not entitled to an instruction for second-degree manslaughter."

Vehicular homicide and DUI deaths in South Dakota

South Dakota does not use the term vehicular manslaughter or DUI manslaughter. Its vehicular homicide offense requires impairment:

"Any person who, while under the influence of alcohol, drugs, or substances in a manner and to a degree prohibited by §32-23-1, without design to effect death, operates or drives a vehicle of any kind in a negligent manner and thereby causes the death of another person, including an unborn child, is guilty of vehicular homicide. Vehicular homicide is a Class 3 felony. In addition to any other penalty prescribed by law, the court shall order that the driver's license of any person convicted of vehicular homicide be revoked for a period of not less than ten years from the date sentence is imposed or ten years from the date of initial release from imprisonment, whichever is later." SDCL 22-16-41

Three elements must line up: impairment as defined in 32-23-1, negligent operation, and a death caused by it. Section 32-23-1 bars driving or being in actual physical control of a vehicle with "0.08 percent or more by weight of alcohol" in the blood, or while under the influence of an alcoholic beverage, marijuana, or a controlled drug or substance not obtained under a valid prescription. The statute sets no mandatory prison term; the mandatory element is the licence revocation. A DUI crash that causes serious bodily injury but no death is vehicular battery, a Class 4 felony with a licence revocation of at least three years (22-18-36). For DUI penalties when no one is hurt, see South Dakota DUI laws.

When the person killed was a parent of a minor child, the sentencing court may also order a defendant convicted of vehicular homicide to pay restitution support to each child until age 18, or 19 if the child is a full-time secondary-school student (23A-28-15, SL 2024, ch 93, effective July 1, 2024).

Fatal crashes without impairment

A driver who was not impaired cannot commit vehicular homicide. A prosecution for that death rests on the reckless-killing statute, 22-16-20, and in State v. Olsen, 462 N.W.2d 474 (S.D. 1990), the South Dakota Supreme Court affirmed the dismissal of a second-degree manslaughter charge based on a failure to yield:

"Recklessness requires more than ordinary negligent conduct. Evidence of carelessness, inadvertence or other similar behavior is insufficient to sustain a conviction where reckless conduct is required. ... Criminal responsibility for death resulting from the operation of a motor vehicle in violation of the law will result only if the violation is done in such a manner as to evidence a reckless disregard for the safety of others. Mere carelessness or inadvertence or thoughtless omission is insufficient."

Olsen predates the 2005 recodification of Title 22, but the text of 22-16-20 has been unchanged since 1995.

Driving while a licence is revoked (a Class 1 misdemeanor) or suspended or canceled (a Class 2 misdemeanor) under 32-12-65 has no separate grade for a resulting death.

Watercraft homicide (2025)

Senate Bill 8 (SL 2025, ch 92) created a parallel offense for boats, effective July 1, 2025:

"Any person who, while under the influence of alcohol, drugs, or substances, in a manner and to a degree prohibited by §42-8-45, without design to effect death, operates a boat, as defined by §42-8-2, in a negligent manner and thereby causes the death of another person, including an unborn child, is guilty of watercraft homicide, a Class 3 felony." SDCL 22-16-43

The same act created watercraft battery (22-18-42) and made leaving the scene of a boating accident that results in injury or death a Class 6 felony (42-8-58.1). Section 22-16-43 does not reach conduct before July 1, 2025.

Leaving the scene and fleeing police

• Leaving the scene: a driver involved in an accident "resulting in injury or death to any person, who fails immediately to stop such vehicle at the scene of such accident and comply with the provisions of §32-34-3 is guilty of a Class 6 felony, and the Department of Revenue shall revoke the registration receipt of the person so convicted" (32-34-5). The section has no separate grade for a death. See South Dakota hit-and-run laws.
• Eluding police: the eluding statutes have no death tier. First-degree eluding, created by SL 2024, ch 121 (effective July 1, 2024), is a Class 4 felony where the flight creates "an inherent risk of death or serious bodily injury to any third person and causes serious bodily injury to another person," with a licence revocation of at least three years (32-33-18.3). Second-degree eluding, flight that creates that inherent risk to a third person, is a Class 6 felony (32-33-18.2).

Fetal homicide

South Dakota's homicide offenses already reach "an unborn child" in their own text: both manslaughter degrees, vehicular homicide and watercraft homicide name it. Separately, 22-16-1.1 creates fetal homicide, a Class B felony:

"Homicide is fetal homicide if the person knew, or reasonably should have known, that a woman bearing an unborn child was pregnant and caused the death of the unborn child without lawful justification and if the person: (1) Intended to cause the death of or do serious bodily injury to the pregnant woman or the unborn child; or (2) Knew that the acts taken would cause death or serious bodily injury to the pregnant woman or her unborn child; or (3) If perpetrated without any design to effect death by a person engaged in the commission of any felony. Fetal homicide is a Class B felony. This section does not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, lawful or unlawful, to which the pregnant woman consented."

A Class B felony carries life imprisonment, and under 22-6-1(2) "A lesser sentence may not be given for a Class B felony."

Other offenses graded by a resulting death

• Drug distribution causing death: 22-42-2; intentionally distributing a controlled or counterfeit substance for consideration where another person dies as a direct result of using it is a Class 2 felony, a Class 1 felony if three or more of the section's aggravating circumstances apply or the person knew the substance was fentanyl, and a Class C felony if the decedent is a minor. Senate Bill 6 (SL 2024, ch 90, effective July 1, 2024) revised these death provisions, and SL 2025, ch 97 (effective July 1, 2025) amended the section again; an earlier offense is sentenced under the text in force when it was committed.
• Aiding or assisting suicide: 22-16-37; Class 6 felony.
• Intentionally killing a fetus by injury to the mother: 22-17-6; Class 4 felony.
• Watercraft battery (impaired boating causing serious bodily injury): 22-18-42; Class 4 felony (effective July 1, 2025).
• Racing: 32-24-11 to 32-24-13, enacted by SL 2025, ch 129 (effective July 1, 2025); street racing is a Class 2 misdemeanor, organized or challenge racing a Class 1 misdemeanor with an 18-month licence revocation, and coordinating races a Class 6 felony. None has a death tier.

Sentencing and parole rules

Parole for crimes on or after July 1, 2023. The 2023 Legislature (SL 2023, ch 80, later amended by SL 2025, ch 104) removed parole for listed violent offenses:

• First-degree manslaughter is listed in 24-15-4.1(5). An inmate sentenced for it, for a crime committed on or after July 1, 2023, "is not eligible for parole by the Board of Pardons and Paroles, except as provided in §§24-15A-55 to 24-15A-68, inclusive," and "shall serve the full term of imprisonment imposed by the court." Credits may be used only for increased privileges and "may not be used to reduce the sentence imposed by the court." The section also says "The court retains the discretion to suspend a portion of the prison sentence."
• Vehicular homicide and second-degree manslaughter are listed in 24-15-4.2(1) and (7). The same parole bar and full-term rule apply, "The court retains the discretion to suspend a portion of the prison sentence," and discharge credits "may be used to reduce an inmate's sentence by up to fifteen percent of the sentence imposed by the court that the inmate must serve before becoming eligible for release on parole."

Both parole bars apply only to crimes committed on or after July 1, 2023. For a crime committed before that date, the Department of Corrections sets an initial parole date by applying a percentage grid to the term, and 24-15A-32 lists manslaughter as a violent crime for that grid.

Probation. South Dakota's presumptive-probation rule applies only to Class 5 and Class 6 felonies (22-6-11), so it does not apply to manslaughter or vehicular homicide.

Habitual offenders. Manslaughter is a "crime of violence" under 22-1-2(9). With one or two prior felony convictions, the principal felony moves to the next more severe class, never beyond the Class C sentence (22-7-7). If the defendant has three or more prior felonies and at least one was a crime of violence, "the sentence for the principal felony shall be enhanced to the sentence for a Class C felony" (22-7-8). With three or more prior felonies and none a crime of violence, the sentence is enhanced by two levels, never beyond the Class C sentence (22-7-8.1). A prior counts only if the defendant was discharged from prison, jail, probation or parole on it within 15 years of the new offense (22-7-9).

Firearm add-on. Committing a felony while armed with a firearm is a separate Class 2 felony on a first conviction and a Class 1 felony on a later one, with "a minimum sentence of imprisonment in a state correctional facility of five years" for a first conviction and a minimum of 10 years for a second or later conviction (22-14-12). For a crime committed on or after July 1, 2023, the firearm offense is itself parole-ineligible under 24-15-4.1(11). The sentence runs consecutive to the principal felony, and the court may not place the person on probation or suspend the sentence. A Class 2 felony carries up to 25 years and a fine of up to $50,000 (22-6-1(5)).

Registration. The list of registrable sex crimes in 22-24B-1 does not include manslaughter or any other chapter 22-16 offense.

Recent changes

• SL 2025, ch 92 (Senate Bill 8), effective July 1, 2025: created watercraft homicide (22-16-43), watercraft battery (22-18-42) and the boating hit-and-run felony (42-8-58.1).
• SL 2024, ch 93 (effective July 1, 2024): allowed the court to order restitution support for the minor children of a parent killed by vehicular homicide (23A-28-15).
• SL 2023, ch 80, for crimes committed on or after July 1, 2023: made first-degree manslaughter, second-degree manslaughter and vehicular homicide parole-ineligible (24-15-4.1, 24-15-4.2); SL 2025, ch 104 amended both sections.
• The manslaughter sections themselves are older: 22-16-15 was last amended in 2005, 22-16-20 in 1995 and 22-16-41 in 2009.

Federal law, 18 U.S.C. 1112, separately covers manslaughter on federal land and in other federal jurisdictions; the manslaughter laws hub explains it.

Related pages

• Manslaughter laws by state
• South Dakota felony and misdemeanor classes
• South Dakota DUI laws
• South Dakota hit-and-run laws
• The difference between first, second and third degree manslaughter
• Nebraska manslaughter laws
• North Dakota manslaughter laws

This article provides general legal information about South Dakota law as of 2026-10-18. It is not legal advice. For a specific situation, contact a lawyer licensed in South Dakota.

Last updated: 2026-10-18.

Frequently Asked Questions

Is manslaughter a felony in South Dakota?

Yes. First-degree manslaughter (SDCL 22-16-15) is a Class C felony and second-degree manslaughter (22-16-20) is a Class 4 felony. Vehicular homicide (22-16-41) is a Class 3 felony. South Dakota has no misdemeanor homicide offense.

What is the sentence for first-degree manslaughter in South Dakota?

It is a Class C felony, punishable by up to life imprisonment, and a fine of up to $50,000 may be added (22-6-1(3)). For a crime committed on or after July 1, 2023, the person is not eligible for parole except under 24-15A-55 to 24-15A-68 and serves the full prison term imposed, though the court retains discretion to suspend a portion of it (24-15-4.1).

What is the sentence for second-degree manslaughter in South Dakota?

It is a Class 4 felony, punishable by up to 10 years, and a fine of up to $20,000 may be added (22-6-1(7)). For crimes on or after July 1, 2023, it carries no parole except under 24-15A-55 to 24-15A-68, though discharge credits can reduce the time served by up to 15 percent (24-15-4.2).

Does South Dakota have voluntary and involuntary manslaughter?

Not by those names. South Dakota has first- and second-degree manslaughter. The heat-of-passion form is part of first-degree manslaughter and requires a killing without design to effect death done in a cruel and unusual manner (22-16-15(2)); second-degree manslaughter covers reckless killings (22-16-20).

What is vehicular homicide in South Dakota?

Driving a vehicle of any kind while impaired in violation of 32-23-1, in a negligent manner, and thereby causing a death, including of an unborn child (22-16-41). It is a Class 3 felony of up to 15 years, and the licence must be revoked for at least 10 years from sentencing or release, whichever is later.

Can a sober driver be charged with homicide for a fatal crash in South Dakota?

Not with vehicular homicide, which requires impairment. The driving must be reckless to support second-degree manslaughter (22-16-20); in State v. Olsen (1990), the South Dakota Supreme Court said mere carelessness or inadvertence is insufficient.

What is watercraft homicide in South Dakota?

Operating a boat while impaired in violation of 42-8-45, in a negligent manner, and thereby causing a death, including of an unborn child (22-16-43). It is a Class 3 felony, created by SL 2025, ch 92, effective July 1, 2025.

Is leaving the scene of a fatal crash a felony in South Dakota?

Yes. A driver involved in an accident resulting in injury or death who fails to stop and meet the duties of 32-34-3 commits a Class 6 felony, punishable by up to 2 years, a $4,000 fine, or both, and the registration receipt is revoked (32-34-5).