The death penalty—also known as capital punishment—refers to the process of state and federal courts sentencing persons convicted of the most serious criminal offenses (capital offenses or capital crimes) to death. The specific crimes and circumstances for which the death penalty is a potential punishment (usually murder) are defined by state and federal statutes enacted by state legislatures and the United States Congress, respectively.

These death penalty or capital punishment statutes are often located in the penal or criminal code, and often in the same statute that defines a criminal offense such as murder. Twenty-two states and the District of Columbia do not have the death penalty as a potential punishment for any criminal offense.

In South Dakota, the death penalty is a legal form of punishment for certain types of capital offenses, primarily first-degree murder with aggravating circumstances. The state statutes that govern capital punishment are found in the South Dakota Codified Laws (SDCL), particularly under SDCL Chapter 23A-27A, which outlines the procedures for capital sentencing. These laws specify the factors that can lead to a death sentence, such as the murder of a law enforcement officer, murder with extreme torture, or murder committed during the commission of another felony, among others. South Dakota's use of the death penalty is consistent with the United States Supreme Court's rulings that allow capital punishment under the Eighth Amendment, provided that the sentencing process includes adequate safeguards to help ensure that the death penalty is applied fairly and only to the most serious crimes.