SDCL § 15-6-51(d) — Assigning error--Plain error

(1) A party may assign as error:

(A) An error in an instruction actually given if that party made a proper objection under § 15-6- 51(c); or

(B) A failure to give an instruction if that party made a proper request under § 15-6-51(a), and-- unless the court made a definitive ruling on the record rejecting the request--also made a proper objection under § 15-6-51(c).

(2) A court may consider a plain error in the instructions affecting substantial rights that has not been preserved as required by subdivision 15-6-51(d)(1)(A) or (1)(B).