South Dakota Statutes
§ 22-30A-16 — Ignorance and honest claim of right as affirmative defenses to theft.
It is an affirmative defense to a prosecution for theft that the defendant:
(1)Was unaware that the property taken was that of another; or (2) Acted under an honest and reasonable claim of right to the property involved or that the defendant had a right to acquire or dispose of the property as he or she did.
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South Dakota § 22-30A-16 (Ignorance and honest claim of right as affirmative defenses to theft.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Hauge
932 N.W.2d 165 (South Dakota Supreme Court, 2019)
Legislative History
SDC 1939, § 13.4009; SDCL, § 22-38-10; SL 1976, ch 158, § 30A-5; SL 1977, ch 189, § 62; SL 2005, ch 120, § 66.
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