State v. Boettcher

I still adhere to my dissent in State v. Rome, 426 N.W.2d 19 (S.D.1988). This case, however, may be distinguished from Rome. In order to assert a justification/necessity defense, the bodily harm must be imminent or emergent.

In the present case, defendant was charged not only with childnapping but also with brutally beating the child’s custodial grandmother. Defendant knew about the abuse allegations for over two years and had unsuccessfully litigated this issue at the custody hearing. These allegar tions were rejected by the civil trial court and custody was continued in the grandparents.…