South Dakota § 22-18-4.2 Defense of dwelling or residence--Force--Deadly force.

South Dakota Statutes

§ 22-18-4.2 — Defense of dwelling or residence--Force--Deadly force.

South Dakota § 22-18-4.2

Title 22CRIMES

Ch. 22-15ASSAULTS AND PERSONAL INJURIES

This text of South Dakota § 22-18-4.2 (Defense of dwelling or residence--Force--Deadly force.) 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 § 22-18-4.2 (2026).

Text

A person who is in a dwelling or residence, in which the person has a right to be:

(1)Has no duty to retreat;

(2)Has the right to stand his or her ground; and (3) Has the right to use or threaten to use:

(a)Force against another, if the person reasonably believes that using or threatening to use force is necessary to defend himself, herself, or another against the imminent use of unlawful force; and (b) Deadly force, if the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony.

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A person who is in a dwelling or residence, in which the person has a right to be: (1) Has no duty to retreat; (2) Has the right to stand his or her ground; and (3) Has the right to use or threaten to use: (a) Force against another, if the person reasonably believes that using or threatening to use force is necessary to defend himself, herself, or another against the imminent use of unlawful force; and (b) Deadly force, if the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony.