22-4A-4. Renunciation of criminal intent--Requirements.No person may be convicted of criminal solicitation if, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, the defendant:(1)Notified the person solicited of his or her renunciation; and(2)Gave timely and adequate warning to the law enforcement authorities or otherwise made a substantial effort to prevent the commission of the criminal conduct solicited.The burden of injecting this issue is on the defendant, but this does not shift the burden of proof. Source: SL 2005, ch 120, §441.
South Dakota Legal Code