Fear of force necessary to robbery
Applied in 2 court decisions — leading case State v. Pasek (2004)
Most recently applied in State v. Long Soldier (July 2023)
Source: SDC 1939, § 13.2602; SL 1976, ch 158, § 30-2; SL 2005, ch 120, § 26.
The fear of force which constitutes an element of the offense of robbery may be either:
(1) The fear of an injury, immediate or future, to the person or property of the person robbed, or of any relative or family member of the person robbed; or
(2) The fear of an immediate injury to the person or property of anyone in the company of the person robbed at the time of the robbery.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.