No person may be convicted of criminal solicitation if, under circumstances manifesting a voluntary and complete renunciation of the defendant‘s criminal intent, the defendant:
             (1)      Notified the person solicited of his or her renunciation; and

Terms Used In South Dakota Codified Laws 22-4A-4

  • Person: any natural person, unborn child, association, limited liability company, corporation, firm, organization, partnership, or society. See South Dakota Codified Laws 22-1-2

             (2)      Gave timely and adequate warning to the law enforcement authorities or otherwise made a substantial effort to prevent the commission of the criminal conduct solicited.

     The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.

Source: SL 2005, ch 120, § 441.