SDCL § 22-35-7: Affirmative defenses to unlawful occupancy.
Where this section sits in the code
- TITLE 22. CRIMES
- CHAPTER 22-35. CRIMINAL TRESPASS
It is an affirmative defense to prosecution under § 22-35-5 or 22-35-6 that:
(1) The premises were at the time open to members of the public and the person complied with all lawful conditions imposed concerning access to or the privilege of remaining on the premises; or
(2) The person reasonably believed that the owner of the premises, or other person permitted to license access to the premises, would have permitted him or her to enter or remain.
Collected 2026-09-03T15:18:56Z. Source file · JSON