SD Jury Instructions–Criminal
2-9-12. Defense of Property
Under certain circumstances it is lawful to use force or violence against another person. Force or violence may be used when a person reasonably believes that such conduct is necessary under the following circumstances:
1. In preventing or terminating another person’s trespass on or criminal interference with real or personal property lawfully in the person’s possession;
2. In preventing or terminating another person’s trespass on or criminal interference with real or personal property lawfully in the possession of his or her immediate family or household, or in the possession of someone whose property he or she has a legal right to protect.
A person does not have a duty to retreat if the person is in a place where he or she has a right to be.