S.D. Codified Laws § 22-16-15 : — CRIMESHOMICIDE AND SUICIDE —16-15 - Homicide as manslaughter in first degree-Felony TEXT PDF 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 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.