South Dakota § 22-18-4.1 - Deadly force--Defense of person.

Full text of South Dakota South Dakota Codified Laws § 22-18-4.1 — Deadly force--Defense of person., with citation guidance and answers to common questions.

§ 22-18-4.1. Deadly force--Defense of person.

A person is justified in using or threatening to use deadly force if the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony.

A person who uses or threatens to use deadly force in accordance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is:

(1)    Not engaged in a criminal activity; and

(2)    In a place where the person has a right to be.

Source: SL 2021, ch 93, § 3.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 22-18-4.1

What does South Dakota Codified Laws § 22-18-4.1 cover?

Section 22-18-4.1 ("Deadly force--Defense of person.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 22-18-4.1?

A common citation format is "South Dakota Codified Laws § 22-18-4.1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 22-18-4.1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.