South Dakota § 22-18-4.3 Imminent death--Great bodily injury--Reasonable fear.

South Dakota Statutes

§ 22-18-4.3 — Imminent death--Great bodily injury--Reasonable fear.

South Dakota § 22-18-4.3

Title 22CRIMES

Ch. 22-15ASSAULTS AND PERSONAL INJURIES

This text of South Dakota § 22-18-4.3 (Imminent death--Great bodily injury--Reasonable fear.) 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 § 22-18-4.3 (2026).

Text

For purposes of § 22-18-4.2 , a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm, to himself, herself, or another, when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm if:

(1)The person against whom the defensive force was used or threatened:

(a)Was in the process of unlawfully entering a dwelling, residence, or occupied vehicle;

(b)Had unlawfully entered, a dwelling, residence, or occupied vehicle; or (c) Had removed or was attempting to remove another against the other's will from a dwelling, residence, or occupied vehicle; and (2) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful entry or an unlawful and forcib

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For purposes of § 22-18-4.2 , a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm, to himself, herself, or another, when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm if: (1) The person against whom the defensive force was used or threatened: (a) Was in the process of unlawfully entering a dwelling, residence, or occupied vehicle; (b) Had unlawfully entered, a dwelling, residence, or occupied vehicle; or (c) Had removed or was attempting to remove another against the other's will from a dwelling, residence, or occupied vehicle; and (2) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful entry or an unlawful and forcible act was occurring or had occurred.