South Dakota statute
SDCL § 22-35-7 — Affirmative defenses to unlawful occupancy
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 35: Criminal Trespass, South Dakota Codified Laws.
Full text of SDCL § 22-35-7
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 prosecution under § 22-35-5 or 22-35-6 that:
(1) The premises were at the time open to members of the public and the person complied with all lawful conditions imposed concerning access to or the privilege of remaining on the premises; or
(2) The person reasonably believed that the owner of the premises, or other person permitted to license access to the premises, would have permitted him or her to enter or remain.
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This reference is informational and is not legal advice.