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Home » US Law » 2022 South Dakota Codified Laws » Title 22 - Crimes » Chapter 18 - Assaults And Personal Injuries

Section 22-18-36 – Vehicular battery.

22-18-36. Vehicular battery. Any person who, while under the influence of alcohol, drugs, or substances in a manner and to a degree prohibited by §32-23-1, without design to effect serious bodily injury, operates or drives a motor vehicle of any kind in a negligent manner and thereby causes the serious bodily injury of another person, […]

Section 22-18-37 – Female genital mutilation–Felony.

22-18-37. Female genital mutilation–Felony. It is a Class 4 felony for any person: (1)To knowingly circumcise, excise, mutilate, or infibulate, in whole or in part, the labia majora, labia minora, or clitoris of a female under the age of eighteen years; (2)Who is a parent, guardian, or has immediate custody or control of a female […]

Section 22-18-39 – Certain surgical procedures permitted.

22-18-39. Certain surgical procedures permitted. A surgical procedure is not a violation of §22-18-37 if the procedure is: (1)Necessary to the health of the individual on whom it is performed and the procedure is performed by a licensed medical practitioner in a licensed medical facility; or (2)Performed on an individual in labor or who has […]

Section 22-18-4 – Force–Defense of person.

22-18-4. Force–Defense of person. A person is justified in using or threatening to use force, other than deadly force, against another if the person reasonably believes that using or threatening to use force is necessary to defend against the other’s imminent use of unlawful force. A person who uses or threatens to use force in […]

Section 22-18-4.1 – Deadly force–Defense of person.

22-18-4.1. Deadly force–Defense of person. A person is justified in using or threatening to use deadly force if the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony. […]

Section 22-18-4.2 – Defense of dwelling or residence–Force–Deadly force.

22-18-4.2. Defense of dwelling or residence–Force–Deadly force. A person who is in a dwelling or residence, in which the person has a right to be: (1)Has no duty to retreat; (2)Has the right to stand his or her ground; and (3)Has the right to use or threaten to use: (a)Force against another, if the person […]

Section 22-18-4.3 – Imminent death–Great bodily injury–Reasonable fear.

22-18-4.3. Imminent death–Great bodily injury–Reasonable fear. For purposes of § 22-18-4.2, a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm, to himself, herself, or another, when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm […]

Section 22-18-4.4 – Presumption of fear–Exceptions.

22-18-4.4. Presumption of fear–Exceptions. The presumption set forth in § 22-18-4.3 does not apply if: (1)The person against whom the defensive force is used or threatened: (a)Has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, including as an owner, lessee, or titleholder; and (b)Is not the subject […]

Section 22-18-4.5 – Unlawful entry–Presumption.

22-18-4.5. Unlawful entry–Presumption. A person who unlawfully enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence. Source: SL 2021, ch 93, § 7.

Section 22-18-4.6 – Force–Defense of property other than a dwelling.

22-18-4.6. Force–Defense of property other than a dwelling. A person is justified in using or threatening to use force, other than deadly force, against another if and to the extent the person reasonably believes that using or threatening to use force is necessary to prevent or terminate another’s trespass on, or criminal interference with: (1)Real […]

Section 22-18-4.7 – Deadly force–Defense of property other than a dwelling.

22-18-4.7. Deadly force–Defense of property other than a dwelling. A person is justified in using or threatening to use deadly force only if the person reasonably believes that the use of deadly force is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in […]

Section 22-18-4.8 – Immunity–Burden of proof.

22-18-4.8. Immunity–Burden of proof. A person who uses or threatens to use force, as permitted in §§22-18-4 to 22-18-4.7, inclusive, is justified in such conduct and is immune from criminal prosecution and from civil liability for the use or threatened use of such force brought by the person against whom force was used or threatened, […]

Section 22-18-4.9 – Aggressor–Use of force–Justification not available.

22-18-4.9. Aggressor–Use of force–Justification not available. 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 […]

Section 22-18-41 – Unlawful directing–Light–Laser pointer.

22-18-41. Unlawful directing–Light–Laser pointer. Anyone who intentionally directs light from a laser pointer at the body of a law enforcement officer is guilty of a Class 1 misdemeanor. For purposes of this section, a laser pointer is a device that emits light amplified by the stimulated emission of radiation that is visible to the human […]