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Self Defense

SDCL § 22-18-4.1 — no duty to retreat, the right to stand one's ground, and immunity unless it is overcome by clear and convincing evidence

Force other than deadly force is justified where a person reasonably believes it is necessary to defend against another's imminent use of unlawful force, and there is no duty to retreat before using it.

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Deadly force is justified where a person reasonably believes it is necessary to prevent imminent death or great bodily harm to themselves or another, or the imminent commission of a forcible felony.

Standing one's ground. A person using deadly force in accordance with the section has no duty to retreat and the right to stand their ground, if not engaged in a criminal activity and in a place they have a right to be. In a dwelling where the person has a right to be, the same holds.

  • SDCL § 22-18-4.1
  • SDCL § 22-18-4.2

A person who uses force as those sections permit is immune from criminal prosecution and from civil liability, unless the force was against a law enforcement officer acting in the performance of duties who was identified or known as one.

Who carries the burden. Once a prima facie claim of immunity is raised, the party seeking to overcome it carries the burden, by clear and convincing evidence. Criminal prosecution includes arresting, detaining and charging.

Whether a belief was reasonable is a question for the court. A particular use of force is a question for a licensed South Dakota attorney.

Sources for this section (4)
  1. SDCL § 22-18-4 — Force; Defense of person
  2. SDCL § 22-18-4.1 — Deadly force; Defense of person
  3. SDCL § 22-18-4.2 — Defense of dwelling or residence; Force; Deadly force
  4. SDCL § 22-18-4.8 — Immunity; Burden of proof

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

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