There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 22 CRIMES
Chapter 04A. Solicitation
§22-4A-4 Renunciation of criminal intent--Requirements.
SD Codified L § 22-4A-4 (through 2011) What's This?
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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