South Dakota Castle Doctrine and Stand Your Ground Laws

Castle Doctrine & Stand Your Ground

South Dakota enacted comprehensive Castle Doctrine and Stand Your Ground protections through Senate Law 2021, Chapter 93, which added and updated several sections of SDCL Chapter 22-18. These provisions establish broad self-defense rights with no duty to retreat.

Key Definitions (SDCL Section 22-18-3.1)

The following definitions apply to South Dakota's self-defense statutes (Section 22-18-4 through 22-18-4.9):

• Deadly force - Force that is likely to cause death or great bodily harm
• Dwelling - A building or structure of any kind, whether temporary or permanent, designed to be occupied by people lodging therein at night, together with any attached garage or porch. Includes:
  • A tent
  • A camper or motorhome
  • Any other conveyance, whether mobile or immobile
• Forcible felony - Arson, assault, burglary, kidnapping, manslaughter, murder, rape, robbery, and any other felony involving the use of or threat of physical force or violence against a person
• Residence - A dwelling in which a person resides (temporarily or permanently), or is an invited guest
• Unlawful force - An act of force employed without consent and without legal justification or excuse
• Vehicle - A conveyance of any kind, whether motorized or not, designed to transport people or property

Use of Non-Deadly Force (SDCL Section 22-18-4)

A person is justified in using or threatening to use force other than deadly force against another if the person reasonably believes it is necessary to defend against the other's imminent use of unlawful force.

No duty to retreat - A person who uses or threatens to use force in self-defense does not have a duty to retreat before doing so.

Stand Your Ground - Deadly Force (SDCL Section 22-18-4.1)

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 himself, herself, or another; or
• Prevent the imminent commission of a forcible felony

Stand Your Ground provision - A person using or threatening deadly force under this section has no duty to retreat and has the right to stand his or her ground, provided the person:

1. Is not engaged in criminal activity; and
2. Is in a place where the person has a right to be

Castle Doctrine - Defense of Dwelling or Residence (SDCL Section 22-18-4.2)

A person who is in a dwelling or residence in which the person has a right to be:

1. Has no duty to retreat
2. Has the right to stand his or her ground
3. Has the right to use or threaten to use:
   • Non-deadly force if the person reasonably believes it is necessary to defend against the imminent use of unlawful force
   • Deadly force if the person reasonably believes it is necessary to prevent imminent death or great bodily harm, or to prevent the imminent commission of a forcible felony

Presumption of Reasonable Fear (SDCL Section 22-18-4.3)

South Dakota law creates a legal presumption that a person held a reasonable fear of imminent peril of death or great bodily harm when using defensive deadly force, if both of the following conditions are met:

Condition 1 - The aggressor was:

• In the process of unlawfully entering a dwelling, residence, or occupied vehicle;
• Had unlawfully entered a dwelling, residence, or occupied vehicle; or
• Had removed or was attempting to remove another person against their will from a dwelling, residence, or occupied vehicle

Condition 2 - The defender:

• Knew or had reason to believe that an unlawful entry or unlawful and forcible act was occurring or had occurred

This presumption shifts the burden in legal proceedings - a person defending their home, residence, or occupied vehicle against unlawful intrusion is presumed to have acted reasonably.

Justifiable Force by Public Officers (SDCL Section 22-18-2)

Force is not unlawful if necessarily committed by a public officer in the performance of any legal duty, or by any person assisting or acting by the officer's direction.

Lawful Force in Arrest of Felons (SDCL Section 22-18-3)

Force is not unlawful if necessarily committed by any person in arresting someone who has committed a felony or in delivering that person to a competent public officer.

Summary of Protections

Important Notes

• Enacted 2021 - South Dakota's comprehensive Castle Doctrine and Stand Your Ground framework was codified by SL 2021, Chapter 93, which added Section 22-18-3.1, 22-18-4.1, 22-18-4.2, and 22-18-4.3 and updated Section 22-18-4
• Broad dwelling definition - Includes tents, campers, motorhomes, and any conveyance designed for lodging, providing protection beyond traditional structures
• Guest protection - The definition of "residence" includes places where you are an invited guest, extending Castle Doctrine protections to visitors
• Vehicle protection - The presumption of reasonable fear (Section 22-18-4.3) extends to occupied vehicles, not just dwellings and residences
• Criminal activity exception - Stand Your Ground protections under Section 22-18-4.1 do not apply to persons engaged in criminal activity
• Additional provisions - Sections 22-18-4.4 through 22-18-4.9 contain additional self-defense provisions (referenced in Section 22-18-3.1's definitions scope) that may address immunity, civil liability, and other related matters