2023 South Dakota Codified Laws
Title 22 - Crimes
Chapter 18 - Assaults And Personal Injuries
Section 22-18-4.4 - Presumption of fear--Exceptions.
22-18-4.4. Presumption of fear--Exceptions.
The presumption set forth in § 22-18-4.3 does not apply if:
(1)The person against whom the defensive force is used or threatened:
(a)Has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, including as an owner, lessee, or titleholder; and
(b)Is not the subject of a protection order, including a temporary protection order;
(2)The person sought to be removed is the child, grandchild, or otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used or threatened;
(3)The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or
(4)The person against whom the defensive force is used or threatened is a law enforcement officer, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of official duties and:
(a)The officer identified himself or herself as a law enforcement officer; or
(b)The person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
Source: SL 2021, ch 93, § 6.
