Stand Your Ground in South Dakota
State-specific overview · Criminal Law
South Dakota allows force without retreat duty when facing unlawful force in any place you have a right to be.
How South Dakota treats Stand Your Ground
South Dakota codifies stand-your-ground protections under SDCL 22-18-4, permitting a person to use reasonable force, including deadly force, to defend themselves without a duty to retreat. The law applies when the person reasonably believes force is necessary to prevent death, serious bodily injury, or commission of a felony. There is no requirement to attempt escape before using defensive force.
The general definition of Stand Your Ground
A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.
Stand your ground laws permit a person to use force, including deadly force, to defend themselves against a threat without first trying to escape or avoid the danger. These laws eliminate the traditional legal duty to retreat before using force. They apply in places where a person has a legal right to be, such as their home, workplace, or public spaces. Stand your ground laws are controversial because they expand when people can legally use deadly force, and they vary significantly by state.
Read the full Stand Your Ground entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Dakota.