South Dakota Codified Laws 22-18-4.6. Force–Defense of property other than a dwelling
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;
Terms Used In South Dakota Codified Laws 22-18-4.6
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(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.
Source: SL 2021, ch 93, § 8.