Ignorance and honest claim of right as affirmative defenses to theft
Applied in 3 court decisions — leading case State v. Gard (2007)
Most recently applied in State v. Hauge (July 2019)
Source: SDC 1939, § 13.4009; SDCL, § 22-38-10; SL 1976, ch 158, § 30A-5; SL 1977, ch 189, § 62; SL 2005, ch 120, § 66.
It is an affirmative defense to a prosecution for theft that the defendant:
(1) Was unaware that the property taken was that of another; or
(2) Acted under an honest and reasonable claim of right to the property involved or that the defendant had a right to acquire or dispose of the property as he or she did.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.