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South Dakota Laws Relating to Workplace Violence

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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A summary of South Dakota laws relating to weapons and conduct that impact workplace violence.

The holder of a permit to carry a concealed weapon may carry the concealed weapon anywhere in South Dakota, except in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over 50% of its total income for the sale of malt or alcoholic beverages.

The law does not prevent law enforcement officers, security guards employed on the premises and other public officials with the written permission of the sheriff from carrying concealed weapons in the performance of their duties or prevent home or business owners from carrying concealed weapons on their property. A home or business owner does not need a permit to carry a concealed weapon on his or her property.

A person may lawfully resist, by force or violence, the commission of any public offense.

A person, upon reasonable apprehension of threat of bodily injury, may make sufficient resistance to prevent an offense against his or her person or the person of any family or household member, or to prevent an illegal attempt by force to take or injure property in his or her lawful possession.

Any person may make sufficient resistance in aid or defense of any other person, threatened with bodily injury, to prevent the offense.

A person is justified in the use of force or violence against another person when the person reasonably believes that the conduct is necessary to prevent or terminate the other person's trespass on or other criminal interference with real property or personal property lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal right to protect. However, the person is justified in the use of deadly force only as provided in the statute.

In addition, a person does not have a duty to retreat if the person is in a place where he or she has a right to be.

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