South Dakota Codified Laws 22-18-4.9. Aggressor–Use of force–Justification not available
Any justification for the use or the threatened use of either force or deadly force is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of a forcible felony; or
Terms Used In South Dakota Codified Laws 22-18-4.9
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) Initially provokes the use or threatened use of force against himself or herself, unless:
(a) Such force or threat of force is so great that the person reasonably believes he or she is in imminent danger of death or great bodily harm and that every reasonable means to escape such danger has been exhausted, other than the use or threatened use of force that is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.
Source: SL 2021, ch 93, § 11.