South Dakota Codified Laws 22-18-4.2. Defense of dwelling or residence–Force–Deadly force
Current as of: 2023 | Check for updates
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A person who is in a dwelling or residence, in which the person has a right to be:
(1) Has no duty to retreat;
Terms Used In South Dakota Codified Laws 22-18-4.2
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) Has the right to stand his or her ground; and
(3) Has the right to use or threaten to use:
(a) Force against another, if the person reasonably believes that using or threatening to use force is necessary to defend himself, herself, or another against the imminent use of unlawful force; and
(b) Deadly force, if the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony.
Source: SL 2021, ch 93, § 4.