22-11-11. Acceptance of restitution as defense.
It is an affirmative defense to prosecution pursuant to §22-11-10 that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.
Source: SL 1976, ch 158, §11-5; SL 2005, ch 120, §204.
Structure South Dakota Codified Laws
Chapter 11 - Obstruction Of The Administration Of Government
Section 22-11-1 - Resisting execution or service of process.
Section 22-11-2 - Obstructing officer in charge of personal property.
Section 22-11-3 - Obstructing certain public officers or employees--Misdemeanor.
Section 22-11-4 - Resisting arrest--Misdemeanor.
Section 22-11-9 - False reporting to authorities--Misdemeanor.
Section 22-11-9.1 - False fire alarm causing serious bodily injury or death--Felony.
Section 22-11-10 - Compounding a felony or misdemeanor.
Section 22-11-11 - Acceptance of restitution as defense.
Section 22-11-12 - Misprision of felony--Misdemeanor.
Section 22-11-14 - Judicial officer defined.
Section 22-11-15 - Threatening or intimidating judicial or ministerial officers or others.
Section 22-11-15.2 - Threatening constitutional officer or family--Felony.
Section 22-11-15.3 - Threatening juror or juror's family--Violation as felony.
Section 22-11-19 - Tampering with a witness--Felony.
Section 22-11-23 - Falsification of public records--Misdemeanor.
Section 22-11-24 - Destruction or impairment of public record--Felony.
Section 22-11-25 - Unlawful retention of public record--Misdemeanor.
Section 22-11-28 - Counterfeit lien as a misdemeanor--Second offense a felony.
Section 22-11-29 - Offers defined--Counterfeit lien defined.
Section 22-11-32 - Harass defined--Course of conduct defined.
Section 22-11-37 - Failure to notify law enforcement that child is missing--Misdemeanor.
Section 22-11-38 - Failure to notify law enforcement of death of child--Felony.