South Dakota Codified Laws
Chapter 04A - Solicitation
Section 22-4A-2 - Fact offense not committed or attempted not a defense.

22-4A-2. Fact offense not committed or attempted not a defense.
It is not a defense to prosecution for criminal solicitation that the person solicited neither committed or attempted to commit the offense solicited nor was capable of committing or attempting to commit the offense solicited.

Source: SL 2005, ch 120, ยง439.