South Dakota Statutes
§ 22-30A-16 — Ignorance and honest claim of right as affirmative defenses to theft.
South Dakota § 22-30A-16
This text of South Dakota § 22-30A-16 (Ignorance and honest claim of right as affirmative defenses to theft.) 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 § 22-30A-16 (2026).
Text
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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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.
Nearby Sections
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§ 22-1-2
Definitions.§ 22-1-3
Repealed§ 22-1-5
Repealed§ 22-10-1
Riot--Violation as felony.§ 22-10-10
Repealed§ 22-10-12
Repealed§ 22-10-13
§ 22-10-13§ 22-10-17
Incitement to riot--Violation as felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 22-30A-16, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/22-30A-16.