South Dakota Code § 22-35-7

Affirmative defenses to unlawful occupancy
Open in Lexace · Ask the AI about this section
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.

‹ Prev All South Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.