Terms Used In South Dakota Codified Laws 22-18-33
- Affirmative defense: an issue involving an alleged defense to which, unless the state's evidence raises the issue, the defendant, to raise the issue, must present some credible evidence. See South Dakota Codified Laws 22-1-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: any natural person, unborn child, association, limited liability company, corporation, firm, organization, partnership, or society. See South Dakota Codified Laws 22-1-2
It is an affirmative defense to prosecution pursuant to § 22-18-31, if it is proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance consent to the action with that knowledge.