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South Dakota statute

SDCL § 22-48-2.1 — Claim of use of unreasonable force by victim--Hearing to determine reasonable basis for claim

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 48: Victim Immunity, South Dakota Codified Laws.

Full text of SDCL § 22-48-2.1

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.

SDCL § 22-48-2.1Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
If the perpetrator claims that the victim used unreasonable force, before any discovery relating to the claim may be commenced and before the claim may be submitted to the trier of fact, the court, after hearing, must find, based on clear and convincing evidence, that there is a reasonable basis to believe that the victim used unreasonable force.

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This reference is informational and is not legal advice.