South Dakota § 22-18-4.8 - Immunity--Burden of proof.
Full text of South Dakota South Dakota Codified Laws § 22-18-4.8 — Immunity--Burden of proof., with citation guidance and answers to common questions.
§ 22-18-4.8. Immunity--Burden of proof.
A person who uses or threatens to use force, as permitted in §§ 22-18-4 to 22-18-4.7, inclusive, is justified in such conduct and is immune from criminal prosecution and from civil liability for the use or threatened use of such force brought by the person against whom force was used or threatened, or by any personal representative or heir of the person against whom force was used or threatened, unless:
(1) (a) The person against whom force was used or threatened is a law enforcement officer, who was acting in the performance of official duties; and
(b) The officer identified himself or herself; or
(2) The person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer who was acting in the performance of official duties.
The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by a defendant in the defense of any civil action brought by a plaintiff, if the court finds that the defendant is immune from prosecution in accordance with this section.
In a criminal prosecution, once a prima facie claim of self-defense immunity has been raised by the defendant, the burden of proof, by clear and convincing evidence, is on the party seeking to overcome the immunity from criminal prosecution provided for in this section.
As used in this section, the term, criminal prosecution, includes arresting, detaining in custody, and charging or prosecuting the defendant.
Source: SL 2021, ch 93, § 10; SL 2022, ch 62, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 22-18-4.8
What does South Dakota Codified Laws § 22-18-4.8 cover?
Section 22-18-4.8 ("Immunity--Burden of proof.") 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 § 22-18-4.8?
A common citation format is "South Dakota Codified Laws § 22-18-4.8" (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 § 22-18-4.8 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.