South Dakota legal term
Affirmative defense in South Dakota Criminal Law
Current through 2026 South Dakota legislative session
In South Dakota criminal law, “Affirmative defense” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the South Dakota criminal code.
What does “Affirmative defense” mean in South Dakota criminal law?
(3) "Affirmative defense," an issue involving an alleged defense to which, unless the state's evidence raises the issue, the defendant, to raise the issue, must present some credible evidence. (SDCL § 22-1-2)
Statutes defining or using this term
Charges using this term
Related terms in the same statutes
This reference is informational and is not legal advice.