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Code · South Dakota · Title 22 · Chapter 22-23

22-23-1.2. Affirmative defense of compulsion.

82 words·~1 min read·/sd/title-22/chapter-22-23/22-23-1-2·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

It is an affirmative defense to a charge of prostitution under § 22-23-1 if the defendant proves by a preponderance of the evidence that the defendant is a victim of human trafficking under chapter 22-49 or that the defendant committed the act only under compulsion by another person who, by implicit or explicit threat, created a reasonable apprehension in the mind of the defendant that if the defendant did not commit the act, the person would inflict bodily harm upon the defendant.
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