22-35-7. Affirmative defenses to unlawful occupancy.It is an affirmative defense to prosecution under §22-35-5 or 22-35-6 that:(1)The premises were at the time open to members of the public and the person complied with all lawful conditions imposed concerning access to or the privilege of remaining on the premises; or(2)The person reasonably believed that the owner of the premises, or other person permitted to license access to the premises, would have permitted him or her to enter or remain. Source: SL 1976, ch 158, §35-3; SL 1977, ch 189, §72; SL 2005, ch 120, §291.
South Dakota Legal Code