22-35-7. Affirmative defenses to unlawful occupancy.
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.
Source: SL 1976, ch 158, §35-3; SL 1977, ch 189, §72; SL 2005, ch 120, §291.
Structure South Dakota Codified Laws
Chapter 35 - Criminal Trespass
Section 22-35-5 - Criminal trespass--Violation as misdemeanor.
Section 22-35-6 - Entering or refusing to leave property after notice--Misdemeanor.
Section 22-35-7 - Affirmative defenses to unlawful occupancy.
Section 22-35-8 - Defiance of emergency management order restricting area--Misdemeanor.