There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 22-35-7 — Affirmative defenses to unlawful occupancy.
22-35-7. Affirmative defenses to unlawful occupancy. It is an affirmative defense to prosecution under § 22-35-5 or 22-35-6 that:
(1) The premises were at the time open to
members of the public and the person complied with all lawful
conditions imposed concerning access to or the privilege of
remaining on the premises; or
(2) The person reasonably believed that
the owner of the premises, or other person permitted to license
access to the premises, would have permitted him or her to enter or
remain.
Source: SL 1976, ch 158, § 35-3; SL 1977, ch 189, § 72; SL 2005, ch 120, § 291.
Source: SL 1976, ch 158, § 35-3; SL 1977, ch 189, § 72; SL 2005, ch 120, § 291.
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