South Dakota Codified Laws 22-30A-16. Ignorance and honest claim of right as affirmative defenses to theft
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It is an affirmative defense to a prosecution for theft that the defendant:
(1) Was unaware that the property taken was that of another; or
Terms Used In South Dakota Codified Laws 22-30A-16
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
(2) Acted under an honest and reasonable claim of right to the property involved or that the defendant had a right to acquire or dispose of the property as he or she did.
Source: SDC 1939, § 13.4009; SDCL, § 22-38-10; SL 1976, ch 158, § 30A-5; SL 1977, ch 189, § 62; SL 2005, ch 120, § 66.