To constitute robbery, force or fear of force must be employed either to obtain or retain possession of the property or to prevent or overcome resistance to the taking. If employed merely as a means of escape, it does not constitute robbery. The degree of force employed to constitute robbery is immaterial.
S.D. Codified Laws § 22-30-2
Requisite force or fear--Force or fear to escape--Degree of force immaterial
Applied in 2 court decisions — leading case State v. Long Soldier (2023)
Most recently applied in State v. Ironheart (July 2024)
Source: SDC 1939, § 13.2602; SL 2005, ch 120, § 25.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.