South Dakota § 22-35-7 Affirmative defenses to unlawful occupancy.

South Dakota Statutes

§ 22-35-7 — Affirmative defenses to unlawful occupancy.

South Dakota·Title 22 CRIMES·Ch. 22-33 CRIMINAL TRESPASS

It is an affirmative defense to prosecution under § 22-35-5 or 22-35-6 that:

(1)The premises were at the time open to members of the public and the person complied with all lawful conditions imposed concerning access to or the privilege of remaining on the premises; or (2) The person reasonably believed that the owner of the premises, or other person permitted to license access to the premises, would have permitted him or her to enter or remain.

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It is an affirmative defense to prosecution under § 22-35-5 or 22-35-6 that: (1) The premises were at the time open to members of the public and the person complied with all lawful conditions imposed concerning access to or the privilege of remaining on the premises; or (2) The person reasonably believed that the owner of the premises, or other person permitted to license access to the premises, would have permitted him or her to enter or remain.

South Dakota § 22-35-7 (Affirmative defenses to unlawful occupancy.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.