South Dakota Codified Laws Annotated
Title 22 Crimes (Chs. 22-1 — 22-49)
Chapter 22-16 Homicide and Suicide (§§ 22-16-1 — 22-16-42)

22-16-32. Justifiable homicide — Law enforcement officers engaged in legal duty or retaking 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.

 

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