Update on South Dakota's Bill to Legalize Domestic Terrorism
The language of HB 1171 has been changed. The new version (old version here ): 1 FOR AN ACT ENTITLED, An Act to provide that the use of force by a pregnant woman for 2 the protection of her unborn child is an affirmative defense to prosecutions for certain 3 crimes. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 5 Section 1. It is an affirmative defense to a prosecution for homicide as defined in § 22-16-1 6 or assault as defined in § 22-18-1 or 22-18-1.1 that the defendant is a pregnant woman who used 7 force or deadly force against another to protect her unborn child if: 8 (1) Under the circumstances as the pregnant woman reasonably believes them to be, she 9 would be justified under § 22-16-35 in using force or deadly force to protect herself 10 against the unlawful force or unlawful deadly force she reasonably believes to be 11 threatening her unborn child; and 12 (2) She reasonably believes that her intervention and use of force or deadly force are 13 immediate...