There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 22-4A-4 — Renunciation of criminal intent--Requirements.
22-4A-4. Renunciation of criminal intent--Requirements. No person may be convicted of criminal solicitation if, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, the defendant:
(1) Notified the person solicited of his
or her renunciation; and
(2) Gave timely and adequate warning to
the law enforcement authorities or otherwise made a substantial
effort to prevent the commission of the criminal conduct
solicited.
The burden
of injecting this issue is on the defendant, but this does not
shift the burden of proof.
Source: SL 2005, ch 120, § 441.
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