South Dakota’s death row currently holds one inmate, Briley Piper, housed in the Jameson Annex of the South Dakota State Penitentiary in Sioux Falls. The state reserves capital punishment for first-degree murder convictions where a jury unanimously finds at least one statutory aggravating factor, and it carries out executions by lethal injection. Five people have been executed since South Dakota reinstated the death penalty in 1979.
Who Is on Death Row Now
Briley Piper is the only person currently under a death sentence in South Dakota.1South Dakota Department of Corrections. Frequently Asked Questions – Capital Punishment In 2000, Piper and co-defendant Elijah Page kidnapped and tortured Chester Allan Poage in Lawrence County before killing him. Piper pleaded guilty in January 2001 to five charges including first-degree felony murder, and a judge imposed death.2Justia Law. Piper v. A.G., No. 25-2617 (8th Cir. 2026)
The South Dakota Supreme Court later concluded Piper had not validly waived his right to jury sentencing and vacated the sentence. On remand, a jury found three aggravating factors proven beyond a reasonable doubt and unanimously recommended death, and the state Supreme Court affirmed in 2014.2Justia Law. Piper v. A.G., No. 25-2617 (8th Cir. 2026) He has been on death row for more than twenty years and continues to pursue federal habeas challenges.
What Puts Someone on Death Row
Only a first-degree murder conviction can lead to a death sentence in South Dakota. A killing qualifies as first-degree murder when it was carried out with premeditated intent to cause death, or when it occurred during the commission or attempted commission of arson, rape, robbery, burglary, kidnapping, or the use of a destructive device or explosive.3South Dakota Legislature. South Dakota Code 22-16-4 – Homicide as Murder in the First Degree It also covers a killing by someone who committed one of those underlying felonies and later killed the victim to avoid detection or prosecution.
Conviction alone is not enough. The trial moves to a separate presentence phase before the same jury, where prosecutors must prove at least one of ten statutory aggravating circumstances beyond a reasonable doubt and the defense can offer any mitigating evidence about the defendant’s background, character, mental health, or the circumstances of the crime. If no aggravator is proven, the sentence is life imprisonment.4South Dakota Legislature. South Dakota Code 23A-27A – Capital Punishment – Section 23A-27A-4
The ten aggravators cover prior Class A or B felony or violent felony convictions; knowingly endangering multiple people in a public place with a hazardous weapon or device; killing for money or anything of monetary value; killing a current or former judge or prosecutor in connection with their official duties; directing someone else to commit the murder or committing it as another person’s agent or employee; torture, depravity of mind, or aggravated battery (which the statute deems automatically satisfied when the victim is a child under thirteen); killing an on-duty law enforcement officer, corrections employee, or firefighter; committing the murder while in lawful custody or after escape; killing to prevent a lawful arrest or escape from confinement; and committing the murder during the manufacture or distribution of Schedule I or II controlled substances.5South Dakota Legislature. South Dakota Code 23A-27A-1 – Mitigating and Aggravating Circumstances Considered by Judge or Jury
Both the aggravator finding and the death recommendation must be unanimous. If the jury recommends death, it must identify in writing which aggravating factors it found, and the judge then imposes the sentence. If it does not, the sentence is life.6South Dakota Legislature. South Dakota Code 23A-27A – Capital Punishment – Sections 23A-27A-4 and 23A-27A-5
Who Cannot Be Sentenced to Death
Two categorical exemptions apply no matter how severe the crime. Under the U.S. Supreme Court’s decision in Roper v. Simmons, no one who was under eighteen at the time of the offense can be sentenced to death. South Dakota also prohibits executing anyone with an intellectual disability, defined by state law as significant limitations in both intellectual functioning and adaptive behavior that appeared before age eighteen.7South Dakota Legislature. South Dakota Code 23A-27A-26.1 – Death Penalty Not Imposed on Person With Intellectual Disability When the defense raises intellectual disability, the state may have the defendant examined by its own expert; the examination must be recorded, and statements made during it cannot be used against the defendant on any issue other than the disability determination. Either side can appeal the court’s finding.
Where Death Row Inmates Are Held
Male inmates sentenced to death are held in a separate wing of the Jameson Annex at the South Dakota State Penitentiary in Sioux Falls. The Jameson Annex is the penitentiary’s maximum-security area.1South Dakota Department of Corrections. Frequently Asked Questions – Capital Punishment Death row inmates are kept segregated from the general population and housed in single cells.8South Dakota Department of Corrections. South Dakota Department of Corrections Policy 1.3.D.3 – Execution of an Inmate A woman sentenced to death would be held at the South Dakota Women’s Prison and transferred to the State Penitentiary only for the execution itself. With just one current death row inmate, the capital wing is largely empty.
How Executions Are Carried Out
South Dakota executes by lethal injection inside a building at the State Penitentiary. The statute gives the secretary of corrections broad discretion over the drugs and dosages, and the state protocol permits a one-drug, two-drug, or three-drug combination.9South Dakota Legislature. South Dakota Code 23A-27A – Capital Punishment – Section 23A-27A-32 In practice, the state has used pentobarbital in its recent executions, sometimes paired with a paralytic agent.
Only people specifically trained and selected by the secretary of corrections may administer the injection, and they do not have to be physicians, nurses, or licensed medical professionals. The law explicitly provides that administering the injection is not the practice of medicine, and pharmacists may supply the drugs without a prescription.9South Dakota Legislature. South Dakota Code 23A-27A – Capital Punishment – Section 23A-27A-32 The warden oversees the process. The condemned inmate may invite up to five witnesses, who can include their attorney, clergy, family members, or friends.10South Dakota Legislature. South Dakota Code 23A-27A-34.2 – Witnesses for Defendant
Appeals and Clemency
Every death sentence triggers an automatic review by the South Dakota Supreme Court, consolidated with the defendant’s direct appeal. Once the trial court’s judgment is final, the clerk must transmit the record and transcript within ten days. The court must decide whether the sentence was influenced by passion, prejudice, or any other arbitrary factor; whether the evidence supports the aggravating factors the jury found; and whether the sentence is excessive or disproportionate compared to similar cases, which the court must reference in its decision. A failed sentence can be set aside and sent back for resentencing.11South Dakota Legislature. South Dakota Code 23A-27A – Capital Punishment – Section 23A-27A-12
After the courts are done, clemency is the last option. The South Dakota Constitution gives the Governor the power to issue pardons, commutations, and reprieves.12South Dakota Legislature. South Dakota Constitution – Article IV, Executive Department A commutation converts a death sentence to a lesser punishment, such as life imprisonment. A reprieve temporarily delays execution without changing the sentence. The Board of Pardons and Paroles typically receives the application, can hold a hearing, and sends a recommendation to the Governor, who is not bound by it.13South Dakota Legislature. South Dakota Code 24-14 – Executive Clemency
Executions Since 1979
South Dakota reinstated capital punishment in 1979 after the U.S. Supreme Court’s decision in Gregg v. Georgia. Five people have been executed since, all by lethal injection:1South Dakota Department of Corrections. Frequently Asked Questions – Capital Punishment
- Elijah Page (2007), who voluntarily dropped his appeals and was executed for the torture-murder of Chester Allan Poage, the same crime that keeps Briley Piper on death row.
- Eric Robert (2012), executed for killing a corrections officer at the State Penitentiary during a 2011 escape attempt.
- Donald Moeller (2012), executed later the same year.
- Rodney Berget (2018), executed for killing a prison guard during a separate 2011 escape attempt at the same facility.
- Charles Rhines (2019), the most recent execution in the state.
Five executions across more than four decades reflects how rarely South Dakota ultimately carries out a death sentence. A small state population, a narrow pool of death-eligible cases, and lengthy appeals keep the numbers low.