South Dakota Codified Laws 22-18-4.3. Imminent death–Great bodily injury–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:
Terms Used In South Dakota Codified Laws 22-18-4.3
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(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.
Source: SL 2021, ch 93, § 5.