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

South Dakota Statutes

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

South Dakota § 22-35-7

Title 22CRIMES

Ch. 22-33CRIMINAL TRESPASS

This text of South Dakota § 22-35-7 (Affirmative defenses to unlawful occupancy.) 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 § 22-35-7 (2026).

Text

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.