South Dakota § 22-18-4.9 - Aggressor--Use of force--Justification not available.
Full text of South Dakota South Dakota Codified Laws § 22-18-4.9 — Aggressor--Use of force--Justification not available., with citation guidance and answers to common questions.
§ 22-18-4.9. Aggressor--Use of force--Justification not available.
Any justification for the use or the threatened use of either 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, unless:
(a) Such force or threat of force is so great that the person reasonably believes he or she is in imminent danger of death or great bodily harm and that every reasonable means to escape such danger has been exhausted, other than the use or threatened use of force that is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.
Source: SL 2021, ch 93, § 11.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 22-18-4.9
What does South Dakota Codified Laws § 22-18-4.9 cover?
Section 22-18-4.9 ("Aggressor--Use of force--Justification not available.") 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 § 22-18-4.9?
A common citation format is "South Dakota Codified Laws § 22-18-4.9" (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 § 22-18-4.9 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.