South Dakota Codified Laws
Chapter 18 - Assaults And Personal Injuries
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 herself, unless:
(a)Such force or threat of force is so great that the person reasonably believes he or she is in imminent danger of death or great bodily harm and that every reasonable means to escape such danger has been exhausted, other than the use or threatened use of force that is likely to cause death or great bodily harm to the assailant; or
(b)In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.

Source: SL 2021, ch 93, § 11.

Structure South Dakota Codified Laws