South Dakota statute
SDCL § 22-18-4.4 — Presumption of fear--Exceptions
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 § 22-18-4.4
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.
The presumption set forth in § 22-18-4.3 does not apply if:
(1) The person against whom the defensive force is used or threatened:
(a) Has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, including as an owner, lessee, or titleholder; and
(b) Is not the subject of a protection order, including a temporary protection order;
(2) The person sought to be removed is the child, grandchild, or otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used or threatened;
(3) The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or
(4) The person against whom the defensive force is used or threatened is a law enforcement officer, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of official duties and:
(a) The officer identified himself or herself as a law enforcement officer; or
(b) The person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.