South Dakota statute
SDCL § 22-18-4.3 — Imminent death--Great bodily injury--Reasonable fear
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 18: Assaults And Personal Injuries, South Dakota Codified Laws.
Full text of SDCL § 22-18-4.3
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
For purposes of § 22-18-4.2, a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm, to himself, herself, or another, when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm if:
(1) The person against whom the defensive force was used or threatened:
(a) Was in the process of unlawfully entering a dwelling, residence, or occupied vehicle;
(b) Had unlawfully entered, a dwelling, residence, or occupied vehicle; or
(c) Had removed or was attempting to remove another against the other's will from a dwelling, residence, or occupied vehicle; and
(2) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful entry or an unlawful and forcible act was occurring or had occurred.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.