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, herself, or another, when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm if:
(1) The person against whom the defensive force was used or threatened:
(a) Was in the process of unlawfully entering a dwelling, residence, or occupied vehicle;
(b) Had unlawfully entered, a dwelling, residence, or occupied vehicle; or
(c) Had removed or was attempting to remove another against the other’s will from a dwelling, residence, or occupied vehicle; and
(2) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful entry or an unlawful and forcible act was occurring or had occurred.
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