South Dakota Statutes

§ 22-18-4 — Force--Defense of person.

South Dakota § 22-18-4
JurisdictionSouth Dakota
Title 22CRIMES
Ch. 22-15ASSAULTS AND PERSONAL INJURIES

This text of South Dakota § 22-18-4 (Force--Defense of person.) 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 § 22-18-4 (2026).

Text

A person is justified in using or threatening to use force, other than deadly force, against another if the person reasonably believes that using or threatening to use force is necessary to defend against the other's imminent use of unlawful force. A person who uses or threatens to use force in accordance with this section does not have a duty to retreat before using or threatening to use force.

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Related

State v. Miskimins
435 N.W.2d 217 (South Dakota Supreme Court, 1989)
40 case citations
State v. Bogenreif
465 N.W.2d 777 (South Dakota Supreme Court, 1991)
34 case citations
State v. Lewis
244 N.W.2d 307 (South Dakota Supreme Court, 1976)
23 case citations
United States v. Leon Donald Farlee
757 F.3d 810 (Eighth Circuit, 2014)
19 case citations
Conaty v. Solem
422 N.W.2d 102 (South Dakota Supreme Court, 1988)
15 case citations
State v. Frey
440 N.W.2d 721 (South Dakota Supreme Court, 1989)
15 case citations
Swedlund v. Foster
2003 SD 8 (South Dakota Supreme Court, 2003)
13 case citations
United States v. Lesmeister
742 F. Supp. 2d 1064 (D. South Dakota, 2010)

Legislative History

SDC 1939, § 13.2402 (3); SL 2005, ch 120, § 8; SL 2006, ch 116, § 2; SL 2021, ch 93, § 2.

Nearby Sections

15
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Bluebook (online)
South Dakota § 22-18-4, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/22-18-4.