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

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: any natural person, unborn child, association, limited liability company, corporation, firm, organization, partnership, or society. See South Dakota Codified Laws 22-1-2
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
             (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.