South Dakota § 22-18-4.6 Force--Defense of property

South Dakota Statutes

§ 22-18-4.6 — Force--Defense of property

South Dakota § 22-18-4.6

Title 22CRIMES

Ch. 22-15ASSAULTS AND PERSONAL INJURIES

This text of South Dakota § 22-18-4.6 (Force--Defense of property) 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 § 22-18-4.6 (2026).

Text

A person is justified in using or threatening to use force, other than deadly force, against another if and to the extent the person reasonably believes that using or threatening to use force is necessary to prevent or terminate another's trespass on, or criminal interference with:

(1)Real property other than a dwelling;

(2)Personal property that is lawfully:

(a)In the person's possession;

(b)In the possession of a member of the person's immediate family or household; or (c) In the possession of one whose property the person has a legal duty to protect. 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 such force.

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A person is justified in using or threatening to use force, other than deadly force, against another if and to the extent the person reasonably believes that using or threatening to use force is necessary to prevent or terminate another's trespass on, or criminal interference with: (1) Real property other than a dwelling; (2) Personal property that is lawfully: (a) In the person's possession; (b) In the possession of a member of the person's immediate family or household; or (c) In the possession of one whose property the person has a legal duty to protect. 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 such force.