South Dakota legal term
Dwelling in South Dakota Criminal Law
Current through 2026 South Dakota legislative session
In South Dakota criminal law, “Dwelling” 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 “Dwelling” mean in South Dakota criminal law?
(2) "Dwelling," a building or structure of any kind, whether temporary or permanent, that is designed to be occupied by people lodging therein at night, together with any attached garage or porch, and which includes: (a) A tent; (b) A camper or motorhome; and (c) Any other conveyance, whether mobile or immobile; (3) "Forcible felony," arson, assault, burglary, kidnapping, manslaughter, murder, rape, and robbery, and any other felony that involves the use of or the threat of physical force or violence against a person; (4) "Residence," a dwelling in which a person: (a) Resides, either temporari (SDCL § 22-18-3.1)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.