If the efforts made pursuant to § 33-9-8 by, or at the direction of, any of the magistrates or officers mentioned in § 33-9-8 to disperse any unlawful, riotous, or tumultuous assembly, or to seize and secure the persons who have assembled and have refused to disperse, though the number remaining may be less than twelve, cause any such person or other persons present as spectators or otherwise to be killed or wounded, such magistrates and officers, and all persons acting by their order and under their direction, are held guiltless and fully justified in law. If any of such magistrates or officers or any persons acting by their order or under their direction are killed or wounded, any person who is unlawfully, riotously, and tumultuously assembled is answerable for the death or injury in a court of law.

Source: SL 1917, ch 297, § 71; RC 1919, § 10631; SDC 1939, § 41.0179; SL 2007, ch 187, § 84.