Acceptance of restitution as defense

SDCL § 22-11-11 — under OBSTRUCTION OF THE ADMINISTRATION OF GOVERNMENT.

SDCL § 22-11-11

It is an affirmative defense to prosecution pursuant to § 22-11-10 that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime. Source: SL 1976, ch 158 , § 11-5 ; SL 2005, ch 120 , § 204.