South Dakota statute
SDCL § 22-18-4.6 — Force--Defense of property other than a dwelling
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 § 22-18-4.6
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.
A person is justified in using or threatening to use force, other than deadly force, against another if and to the extent the person reasonably believes that using or threatening to use force is necessary to prevent or terminate another's trespass on, or criminal interference with:
(1) Real property other than a dwelling;
(2) Personal property that is lawfully:
(a) In the person's possession;
(b) In the possession of a member of the person's immediate family or household; or
(c) In the possession of one whose property the person has a legal duty to protect.
A person who uses or threatens to use force in accordance with this section does not have a duty to retreat before using or threatening to use such force.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.