§ 22-16-1. "Homicide" defined.All that was required was to define a fetus as an unborn child and eliminate the existing "authority of law" for abortion and the current criminal law of the state of South Dakota is applicable.
Homicide is the killing of one human being, including an unborn child, by another. It is either:
(3) Excusable homicide;
(4) Justifiable homicide; or
(5) Vehicular homicide.
§ 22-16-3. Relationship between accused and victim bearing on degree of homicide.
Whenever 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.
§ 22-16-4. Murder in the first degree - Premeditated design - Felony murder - Homicide as murder in the first degree.
Homicide is murder in the first degree when perpetrated without authority of law and with a premeditated design to effect the death of the person killed or of any other human being, or when 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.
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