Ignorance and honest claim of right as affirmative defenses to theft.

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22-30A-16. Ignorance and honest claim of right as affirmative defenses to theft.

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.

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.


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