SD 22-16-32. Justifiable homicide-Law enforcement officers or at command of officer–Overcoming resistance–Capturing or arresting fleeing felons.

State: South Dakota

 

South Dakota Codified Laws (S.D.C.L.)

CHAPTER 22-16.  HOMICIDE AND SUICIDE

22-16-32.   Justifiable homicide-Law enforcement officers or at command of officer–Overcoming resistance–Capturing or arresting fleeing felons. 

Homicide is justifiable if committed by a law enforcement officer or by any person acting by command of a law enforcement officer in the aid and assistance of that officer:

(1) If necessarily committed in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty; or

(2) If necessarily committed in retaking felons who have been rescued or who have escaped; or

(3) If necessarily committed in arresting felons fleeing from justice.