South Dakota Statutes
§ 22-16-32 — Justifiable homicide-Law enforcement officers or at command of officer--Overcoming resistance--Capturing or arresting fleeing felons.
South Dakota § 22-16-32
This text of South Dakota § 22-16-32 (Justifiable homicide-Law enforcement officers or at command of officer--Overcoming resistance--Capturing or arresting fleeing felons.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 22-16-32 (2026).
Text
Homicide is justifiable if committed by a law enforcement officer or by any person acting by command of a law enforcement officer in the aid and assistance of that officer:
(1)If necessarily committed in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty; or (2) If necessarily committed in retaking felons who have been rescued or who have escaped; or (3) If necessarily committed in arresting felons fleeing from justice.
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Related
State v. Pellegrino
1998 SD 39 (South Dakota Supreme Court, 1998)
Swedlund v. Foster
2003 SD 8 (South Dakota Supreme Court, 2003)
Legislative History
SDC 1939, § 13.2004; SL 1976, ch 158, §
Nearby Sections
15
§ 22-1-2
Definitions.§ 22-1-3
Repealed§ 22-1-5
Repealed§ 22-10-1
Riot--Violation as felony.§ 22-10-10
Repealed§ 22-10-12
Repealed§ 22-10-13
§ 22-10-13§ 22-10-17
Incitement to riot--Violation as felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 22-16-32, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/22-16-32.