South Dakota Codified Laws 22-35-7. Affirmative defenses to unlawful occupancy
Current as of: 2023 | Check for updates
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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
Terms Used In South Dakota Codified Laws 22-35-7
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(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.
Source: SL 1976, ch 158, § 35-3; SL 1977, ch 189, § 72; SL 2005, ch 120, § 291.