South Dakota statute
SDCL § 22-30A-16 — Ignorance and honest claim of right as affirmative defenses to theft
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 30A: Theft, South Dakota Codified Laws.
Full text of SDCL § 22-30A-16
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.
It is an affirmative defense to a prosecution for theft that the defendant:
(1) Was unaware that the property taken was that of another; or
(2) Acted under an honest and reasonable claim of right to the property involved or that the defendant had a right to acquire or dispose of the property as he or she did.
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