It is not a defense to prosecution for criminal solicitation that the person solicited neither committed or attempted to commit the offense solicited nor was capable of committing or attempting to commit the offense solicited.
S.D. Codified Laws § 22-4A-2
Fact offense not committed or attempted not a defense
Applied in 1 court decision — leading case State v. Thoman (2021)
Most recently applied in State v. Thoman (February 2021)
Source: SL 2005, ch 120, § 439.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.