South Dakota legal term
Occupied structure in South Dakota Criminal Law
Current through 2026 South Dakota legislative session
In South Dakota criminal law, “Occupied structure” 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 “Occupied structure” mean in South Dakota criminal law?
(28) "Occupied structure," any structure: (a) Which is the permanent or temporary habitation of any person, whether or not any person is actually present; (b) Which at the time is specially adapted for the overnight accommodation of any person, whether or not any person is actually present; or (c) In which at the time any person is present; (29) "Offense" or "public offense," any crime, petty offense, violation of a city or county ordinance, or act prohibited by state or federal law; (30) "Pass," to utter, publish, or sell, or to put or send forth into circulation. (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.