South Dakota Use of Force and Self-Defense Laws

Use of Force Laws

South Dakota has comprehensive use of force and self-defense statutes codified primarily in SDCL Chapter 22-18 (Assaults and Personal Injuries). The state enacted a major overhaul of its self-defense framework through Session Laws 2021, Chapter 93, establishing strong Stand Your Ground protections with no duty to retreat.

Key Definitions (SDCL Section 22-18-3.1)

The following statutory definitions apply to all use of force provisions in 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 tents, campers, motorhomes, and 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 the consent of the person against whom it is directed and without legal justification or excuse
• Vehicle - A conveyance of any kind, whether motorized or not, designed to transport people or property

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Non-Deadly Force in Self-Defense (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 that using or threatening to use force 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 accordance with this section does not have a duty to retreat before using or threatening to use force.

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Deadly Force in Self-Defense - Stand Your Ground (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:

1. Prevent imminent death or great bodily harm to himself, herself, or another, or
2. Prevent the imminent commission of a forcible felony

Stand Your Ground: A person who uses or threatens to use deadly force 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

Note: The NRA has characterized South Dakota as having "the strongest stand your ground language in the United States."

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Defense of Dwelling or Residence - Castle Doctrine (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

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

For purposes of defense of dwelling (Section 22-18-4.2), a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm when using defensive force likely to cause death or great bodily harm if:

1. The person against whom defensive force was used:
   • 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 against the other's will from a dwelling, residence, or occupied vehicle; and
2. The person using defensive force knew or had reason to believe that an unlawful entry or unlawful and forcible act was occurring or had occurred

Presumption of Criminal Intent for Intruders (SDCL Section 22-18-4.5)

A person who unlawfully enters or attempts to enter a dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

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Exceptions to the Presumption of Fear (SDCL Section 22-18-4.4)

The presumption of reasonable fear under Section 22-18-4.3 does not apply if:

1. The person against whom defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle (as owner, lessee, or titleholder) and is not the subject of a protection order
2. The person sought to be removed is a child, grandchild, or otherwise in lawful custody or guardianship of the person against whom force is used
3. The person using defensive force is engaged in criminal activity or using the dwelling, residence, or vehicle to further criminal activity
4. The person against whom force is used is a law enforcement officer entering in the performance of official duties, and:
   • The officer identified himself or herself, or
   • The person using force knew or reasonably should have known the person was a law enforcement officer

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Defense of Property Other Than a Dwelling

Non-Deadly Force (SDCL Section 22-18-4.6)

A person is justified in using or threatening to use force other than deadly force to prevent or terminate another's trespass on or criminal interference with:

1. Real property other than a dwelling
2. Personal property lawfully in the person's possession, in the possession of a member of the person's immediate family or household, or in the possession of someone whose property the person has a legal duty to protect

There is no duty to retreat before using or threatening to use such force.

Deadly Force (SDCL Section 22-18-4.7)

A person is justified in using or threatening to use deadly force to defend property other than a dwelling only if the person reasonably believes it is necessary to prevent the imminent commission of a forcible felony.

The person has no duty to retreat and the right to stand his or her ground, provided the person is not engaged in criminal activity and is in a place where the person has a right to be.

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Immunity from Prosecution and Civil Liability (SDCL Section 22-18-4.8)

A person who uses or threatens to use justified force under Section 22-18-4 through 22-18-4.7 is:

• Immune from criminal prosecution, and
• Immune from civil liability for the use or threatened use of such force

Exceptions to immunity:

• The person against whom force was used was a law enforcement officer acting in the performance of official duties who identified himself or herself, or
• The person using force knew or reasonably should have known the person was a law enforcement officer acting in official duties

Burden of proof: Once a defendant raises a prima facie claim of self-defense immunity, the burden shifts to the prosecution to overcome the immunity by clear and convincing evidence.

Attorney's fees: The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses to a defendant found to be immune from prosecution in a civil action.

As used in this section, "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.

Source: SL 2021, ch 93, Section 10; amended SL 2022, ch 62, Section 1.

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When Use of Force Is NOT Justified - Aggressor Limitations (SDCL Section 22-18-4.9)

Justification for the use of force or deadly force is not available to a person who:

1. Is attempting to commit, committing, or escaping after the commission of a forcible felony; or
2. Initially provokes the use or threatened use of force against himself or herself

Exceptions for initial aggressors: A person who initially provoked the confrontation may still claim self-defense if:

• The force against them is so great that the person reasonably believes he or she is in imminent danger of death or great bodily harm and every reasonable means to escape has been exhausted (other than using deadly force); or
• The person in good faith withdraws from physical contact and clearly indicates a desire to withdraw and terminate the use of force, but the assailant continues or resumes the use of force

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

The use or attempted use of force is not unlawful if necessarily committed by a public officer in the performance of any legal duty, or by any other person assisting or acting by the direction of the public officer.

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

The use of 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 public officer competent to receive him or her in custody.

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Justifiable Homicide (SDCL Section 22-16-30 through 22-16-35)

South Dakota law also recognizes:

• Excusable homicide committed during lawful acts (Section 22-16-30) or in the heat of passion upon sufficient provocation or sudden combat (Section 22-16-31)
• Justifiable homicide by law enforcement officers overcoming resistance or capturing fleeing felons (Section 22-16-32)
• Justifiable homicide when apprehending felons, suppressing riot, or preserving peace (Section 22-16-33)

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Enhanced Concealed Carry Permit - Use of Force Training (SDCL Section 23-7-58)

South Dakota's enhanced concealed pistol permit requires completion of a qualifying handgun course taught by an NRA-certified instructor who also holds a current certificate from the South Dakota Division of Criminal Investigation on the use of force. The course must include:

1. South Dakota law relating to firearms and the use of force
2. Basic concepts of safe and responsible use of handguns
3. Self-defense principles
4. Live fire training including firing at least 98 rounds of ammunition

The enhanced permit use of force training is coordinated by the South Dakota Attorney General's office, with a maximum class size of 20 students. Instructor continuing education requires a minimum of 24 hours every four calendar years, covering liability and use of force, safety, handgun nomenclature, fundamentals of shooting, and lesson plan development.

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Summary of Key Protections

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Legislative History

South Dakota's current use of force framework was substantially enacted through Session Laws 2021, Chapter 93 (effective July 1, 2021), which codified the Stand Your Ground doctrine, Castle Doctrine presumptions, property defense provisions, and immunity protections. The immunity provision was further amended by Session Laws 2022, Chapter 62, which clarified the burden of proof standard and expanded the definition of "criminal prosecution" to include arrest and detention.

This information is based on South Dakota Codified Laws as published by the South Dakota Legislature. Laws are subject to change through legislative action. This guide is for educational purposes and does not constitute legal advice. Consult a qualified attorney for specific legal questions.