South Dakota Codified Laws 22-4A-4. Renunciation of criminal intent–Requirements
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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
Terms Used In South Dakota Codified Laws 22-4A-4
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(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.