South Dakota

South Dakota Codified Laws Annotated Title 22 Crimes (Chs. 22-1 — 22-49) Chapter 22-18 Assaults and Personal Injuries (§§ 22-18-1 — 22-18-41) 22-18-4.9. Agressor — Justification not available. Any justification for the use or the threatened use of either force or deadly force is not available to a person who: (1) Is attempting to commit, […]

South Dakota Codified Laws Annotated Title 22 Crimes (Chs. 22-1 — 22-49) Chapter 22-18 Assaults and Personal Injuries (§§ 22-18-1 — 22-18-41) 22-18-4.8. Immunity. Current through the 2023 Regular Session of the 98th South Dakota Legislative Assembly, with Acts effective through July 1, 2023. A person who uses or threatens to use force, as permitted

South Dakota Codified Laws Annotated Title 22 Crimes (Chs. 22-1 — 22-49) Chapter 22-18 Assaults and Personal Injuries (§§ 22-18-1 — 22-18-41) 22-18-4.7. Deadly force — Defense of property. A person is justified in using or threatening to use deadly force only if the person reasonably believes that the use of deadly force is necessary

South Dakota Codified Laws Annotated Title 22 Crimes (Chs. 22-1 — 22-49) Chapter 22-18 Assaults and Personal Injuries (§§ 22-18-1 — 22-18-41) 22-18-4.6. Use of force. A person is justified in using or threatening to use force, other than deadly force, against another if and to the extent the person reasonably believes that using or

South Dakota Codified Laws Annotated Title 22 Crimes (Chs. 22-1 — 22-49) Chapter 22-18 Assaults and Personal Injuries (§§ 22-18-1 — 22-18-41) 22-18-4.5. Unlawful entry — Presumption. A person who unlawfully enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an

South Dakota Codified Laws Annotated Title 22 Crimes (Chs. 22-1 — 22-49) Chapter 22-18 Assaults and Personal Injuries (§§ 22-18-1 — 22-18-41) 22-18-4.4. Presumption of fear — Exceptions. The presumption set forth in § 22-18-4.3 does not apply if: (1) The person against whom the defensive force is used or threatened: (a) Has the right

South Dakota Codified Laws Annotated Title 22 Crimes (Chs. 22-1 — 22-49) Chapter 22-18 Assaults and Personal Injuries (§§ 22-18-1 — 22-18-41) § 22-18-4.3. Inmminent death — Reasonable fear. For purposes of § 22-18-4.2, a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm, to himself,

South Dakota Codified Laws Annotated Title 22 Crimes (Chs. 22-1 — 22-49) Chapter 22-18 Assaults and Personal Injuries (§§ 22-18-1 — 22-18-41) 22-18-4.2. Defense of dwelling or residence. A person who is in a dwelling or residence, in which the person has a right to be: (1) Has no duty to retreat; (2) Has the

South Dakota Codified Laws Annotated Title 22 Crimes (Chs. 22-1 — 22-49) Chapter 22-18 Assaults and Personal Injuries (§§ 22-18-1 — 22-18-41) 22-18-4.1. Deadly force — Defense. A person is justified in using or threatening to use deadly force if the person reasonably believes that using or threatening to use deadly force is necessary to

South Dakota Codified Laws Annotated (2023) Title 22 Crimes (Chs. 22-1 — 22-49) Chapter 22-18 Assaults and Personal Injuries (§§ 22-18-1 — 22-18-41) 22-18-4. Force — Defense of person. A person is justified in using or threatening to use, force, other than deadly force, against another if the person reasonably believes that using or threatening