Self-Defense Laws in South Dakota

Stand your ground. A person is justified in using or threatening to use deadly force if the person reasonably believes it is necessary to prevent imminent death or great bodily harm to the person or another, or to prevent the imminent commission of a forcible felony. A person acting under this section has no duty to retreat and may stand his or her ground if the person is not engaged in a criminal activity and is in a place where the person has a right to be. A person using non-deadly force in self-defense against imminent unlawful force likewise has no duty to retreat.

A person lawfully in his or her dwelling or residence has no duty to retreat and may use or threaten force reasonably believed necessary to defend against imminent unlawful force, and deadly force reasonably believed necessary to prevent imminent death or great bodily harm or the imminent commission of a forcible felony. A reasonable fear of imminent peril of death or great bodily harm is presumed when the person against whom force is used was in the process of unlawfully entering, or had unlawfully entered, a dwelling, residence, or occupied vehicle, or was removing or attempting to remove another person against that person's will from it, and the person using force knew or had reason to believe this was occurring or had occurred. The presumption does not apply if the person against whom force is used has the right to be there or is a lawful resident (such as an owner, lessee, or titleholder) and is not subject to a protection order; if the person being removed is a child or grandchild of, or in the lawful custody or guardianship of, the person against whom force is used; if the person using force is engaged in criminal activity or using the place to further it; or if the person against whom force is used is a law enforcement officer performing official duties who identified himself or whom the person knew or reasonably should have known was an officer. Immunity: a person who uses or threatens force as permitted by §§ 22-18-4 to 22-18-4.7 is immune from criminal prosecution (including arrest, detention, charging and prosecution) and from civil action by the person against whom force was used or that person's heirs or representatives, except against an on-duty law enforcement officer as described; a court finding a defendant immune in a civil action shall award reasonable attorney's fees, court costs, compensation for loss of income, and expenses. Once a defendant makes a prima facie claim of self-defense immunity in a criminal case, the party seeking to overcome it must do so by clear and convincing evidence.