22-18-3. Lawful force in arrest and delivery of felon.

To use or attempt to use or offer to use force or violence upon or toward the person of another is not unlawful if necessarily committed by any person in arresting someone who has committed any felony or in delivering that person to a public officer competent to receive him or her in custody.

Source: SDC 1939, § 13.2402 (2); SL 2005, ch 120, § 7.



SDLRC - Codified Law 22-18-3 - Lawful force in arrest and delivery of felon.

22-18-3.1. Definitions.

Terms used in §§ 22-18-4 to 22-18-4.9, inclusive, mean:

(1)    "Deadly force," force that is likely to cause death or great bodily harm;

(2)    "Dwelling," a building or structure of any kind, whether temporary or permanent, that is designed to be occupied by people lodging therein at night, together with any attached garage or porch, and which includes:

(a)    A tent;

(b)    A camper or motorhome; and

(c)    Any other conveyance, whether mobile or immobile;

(3)    "Forcible felony," arson, assault, burglary, kidnapping, manslaughter, murder, rape, and robbery, and any other felony that involves the use of or the threat of physical force or violence against a person;

(4)    "Residence," a dwelling in which a person:

(a)    Resides, either temporarily or permanently; or

(b)    Is an invited guest;

(5)    "Unlawful force," an act of force that is employed without the consent of the person against whom it is directed and without legal justification or excuse; and

(6)    "Vehicle," a conveyance of any kind, whether motorized or not, which is designed to transport people or property.

Source: SL 2021, ch 93, § 1.