South Dakota § 22-18-4.9 Aggressor--Use of force--Justification not available.

South Dakota Statutes

§ 22-18-4.9 — Aggressor--Use of force--Justification not available.

South Dakota § 22-18-4.9

Title 22CRIMES

Ch. 22-15ASSAULTS AND PERSONAL INJURIES

This text of South Dakota § 22-18-4.9 (Aggressor--Use of force--Justification not available.) 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 § 22-18-4.9 (2026).

Text

Any justification for the use or the threatened use of either force or deadly force is not available to a person who:

(1)Is attempting to commit, committing, or escaping after the commission of a forcible felony; or (2) Initially provokes the use or threatened use of force against himself or herself, unless:

(a)Such force or threat of force is so great that the person reasonably believes he or she is in imminent danger of death or great bodily harm and that every reasonable means to escape such danger has been exhausted, other than the use or threatened use of force that is likely to cause death or great bodily harm to the assailant; or (b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desire

Free access — add to your briefcase to read the full text and ask questions with AI

Any justification for the use or the threatened use of either force or deadly force is not available to a person who: (1) Is attempting to commit, committing, or escaping after the commission of a forcible felony; or (2) Initially provokes the use or threatened use of force against himself or herself, unless: (a) Such force or threat of force is so great that the person reasonably believes he or she is in imminent danger of death or great bodily harm and that every reasonable means to escape such danger has been exhausted, other than the use or threatened use of force that is likely to cause death or great bodily harm to the assailant; or (b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.