South Dakota Laws
Minor in
Possession (MIP):
Rapid City
Ordinance (5.1.9090):
It is unlawful to sell or give for the use as a beverage
any alcoholic beverage or malt beverage to any person
under the age of eighteen years, unless:
1.
It is done in the
immediate presence of a parent or guardian or spouse over
twenty-one years of age, while not on the premises of an
establishment licensed for the retail sale of alcoholic
beverages pursuant to this chapter, or at a special event
for which an alcoholic beverage license has been issued
pursuant to Rapid City Ordinance 5.12.050(1); or
2.
It is done by
prescription or direction of a fully licensed practitioner
or nurse of the healing arts for medicinal purposes.
3.
It is unlawful for
any person under the age of twenty-one years to purchase,
attempt to purchase or possess or consume except when
consumed in a religious ceremony and given to the person
by an authorized person, alcoholic beverages, or malt
beverages, or to misrepresent his age for the purpose of
purchasing or attempting to purchase such alcoholic
beverages or male beverages from any licensee as defined
by this chapter. (Ord. 3506, prior code § 4-4).
South Dakota Codified Law (35-9-2):
Purchase, possession or consumption of beverage by minor
as misdemeanor—Misrepresentaton of age. It is a Class 2
misdemeanor for any person under the age of twenty-one
years to purchase, attempt to purchase, or possess or
consume alcoholic beverages except when consumed in a
religious ceremony and given to said person by an
authorized person, or to misrepresent his age with the use
of any document for the purpose of purchasing or
attempting to purchase alcoholic beverages from any
licensee licensed under this title.
Offense:
Class 2 Misdemeanor
Fine:
Thirty days imprisonment in a county jail or $200 fine, or
both.
False Personation with Intent to Deceive Law Enforcement
Officer as Misdemeanor:
South Dakota Codified Law (22-40-1):
False personation with intent to deceive law enforcement
officer as misdemeanor. Notwithstanding § 22-11-8, a
person who impersonates another, with intent to deceive a
law enforcement officer, is guilty of a Class 1
misdemeanor.
Offense:
Class 1 Misdemeanor
Fine:
One year imprisonment in a county jail or $1,000 fine, or
both.
Possession of Known Forged Instrument with Intent to
Defraud as Felony:
South Dakota Codified Law (22-39-38):
Possession of known forged instrument with intent to
defraud as felony. Any person who possesses a forged
instrument is guilty of a Class 6 felony. No person shall
be convicted under this section unless he possesses the
forged instrument with knowledge that it is forged and
with intent to defraud.
Offense:
Class 6 Felony
Fine:
Two years imprisonment in the state penitentiary or a fine
of $2,000, or both.
Making or Possessing Forgery or Counterfeiting Devices as
Felony:
South Dakota Codified Law (22-39-37):
Making or possessing forgery or counterfeiting devices as
a felony. Any person who:
1.
Makes or possesses with
knowledge of its character, any plate, die, or other
device, apparatus, equipment, or article specifically
designated for use in counterfeiting, unlawfully
simulating, or simulating, or otherwise forging, written
instruments;
2.
Makes or possesses any device,
apparatus, equipment, or article capable of or adaptable
to a use specified in subdivision (1) of this section,
with intent to use it himself, or to aid or permit another
to use it, for the purpose of forgery; or
3.
Possesses a genuine plate, die,
or other device used in the production of written
instruments, with intent to defraud;
Is
guilty of a Class 6 felony.
Offense:
Class 6 Felony
Fine:
Two years imprisonment in the state penitentiary or a fine
of $2,000, or both.
Purchase of Beverage by Adult for Person under Twenty-one
as Misdemeanor:
South Dakota Codified Law (35-9-2.3):
Purchase of beverage by adult for person under twenty-one
as misdemeanor. Except as provided in § 35-9-1 and
35-9-1.1, it is a Class 1 misdemeanor for any person
twenty-one years of age or older to purchase or otherwise
acquire alcoholic beverages from a retail establishment
and to give or resell the alcoholic beverage to any person
under the age of twenty-one years.
Offense:
Class 1 Misdemeanor
Fine:
One
year imprisonment in a county jail or $1,000 fine, or
both.
Contributing to Abuse, Neglect, or Delinquency or Causing
Child to Child in Need of Supervision as Misdemeanor:
South Dakota Codified Law (26-9-1):
Contributing to abuse, neglect, or delinquency or causing
child to become child in need of supervision as
misdemeanor. Any person who, by any act, causes,
encourages, or contributes to the abuse, the neglect, or
the delinquency of a child, or any person, other than a
parent who, by any act, causes a child to become a child
in need of supervision, as such phrases with reference to
children are defined by chapters 26-7A, 26-8B, and 26-8C,
or who is, in any manner, responsible therefore, is guilty
of a Class 1 misdemeanor.
Offense:
Class 1 Misdemeanor
Fine:
One year imprisonment in a county jail or $1,000, or both.
Possession in Motor Vehicles:
Rapid City Ordinance (5.12.120):
It is unlawful for any person to have a package or any
receptacle containing an alcoholic beverage in his
possession in a motor vehicle unless the seal of the
original package remains unbroken or the alcoholic
beverage is so removed that no occupant of the motor
vehicle shall have access to it while the vehicle is in
motion. (Prior code § 4-1 (b) (5)).
Possession in Public Places:
Rapid City Ordinance (5/12/100):
A.
For purposes of this section
“public place” means any place, whether within or without
a building, commonly and customarily open to or used by
the general public and any sidewalk, street or highway.
B.
It is unlawful for any person
to possess an alcoholic beverage, in an unsealed container
or in an open receptacle, in any public place other than
upon the premises of a licensed on-sale dealer where such
alcoholic beverage was purchased from such dealer for
on-sale purposes.
C.
Nothing in this section shall
be construed to prohibit the possession of beer on park
premises which are leased to a concessionaire and the
concessionaire has an appropriate alcoholic beverage
license.
D.
Any person violating the
provisions of this section is guilty of a misdemeanor and
subject to a penalty not to exceed thirty days
imprisonment or a fine not to exceed one hundred dollars
of both. (ord. 2969 (part), 1992; prior code § 17-50).
Offense:
Class 2 Misdemeanor
Fine:
30 days in a county jail or $100 fine, or both.
Consuming or Mixing in Public Places:
Rapid City Ordinance (5-12-110):
A.
For purposes of this section
“public place” means any place, whether within or without
a building, commonly and customarily open to or used by
the general public and any street or highway.
B.
It is unlawful for any person
to consume any intoxicating liquor or malt beverage or to
mix or blen any alcoholic beverage with any other
beverage, regardless of whether such beverage is an
alcoholic beverage, in any public place, other than upon
the premises of a licensed on-sale dealer where such
alcoholic beverage was purchased from such dealer for
on-sale purposes.
C.
Nothing in this section shall
be construed to prohibit the sale or consumption of malt
beverages on park premises which are leased to a
concessionaire and the concessionaire has an appropriate
alcoholic beverage license.
D.
Any person violating the
provisions of this section is guilty of a misdemeanor and
upon conviction thereof is punishable by imprisonment for
not more than thirty days or by a fine of not more than
one hundred dollars or by both such fine and
imprisonment. (Prior code § 4-1 (b) (4)).
Offense:
Class 2 Misdemeanor
Fine:
30 days imprisonment in a county jail or $100 fine, or
both.
Disturbing the Peace:
Rapid City Ordinance (9.08.040):
It is
unlawful for any person, within the corporate limits of
this city, to be guilty of any conduct tending toward
disturbing the peace of any other person. The causing or
making of any unnecessary loud noise or shouting or
yelling shall be considered a breach of the peace. (Prior
code § 17-28).
Disorderly Conduct:
South Dakota Codified Law (22-13-1):
Disorderly conduct. Any person who intentionally causes
serious public inconvenience, annoyance, or alarm to any
other person, or creates a risk thereof by:
1.
Engaging in fighting or in
violent or threatening behavior;
2.
Making unreasonable noise;
3.
Disturbing any lawful assembly
or meeting of persons without lawful authority; or
4.
Obstructing vehicular or
pedestrian traffic.
Is
guilty of disorderly conduct. Disorderly conduct is a
Class 2 misdemeanor.
Rapid City Ordinance (9.08.030):
It is unlawful for any person, within the corporate limits
of this city, to intentionally, knowingly or recklessly:
A.
Utter any lewd, obscene,
profane, libelous or fighting words in any public place,
which words have a direct tendency, in the context in
which they were uttered, to cause any act of immediate
violence by the person or persons to whom they were
addressed;
B.
Utter any words in a public
place, which words by their very utterance inflict injury
or serious annoyance to the person or persons to whom they
are addressed;
C.
Utter any words or perform any
acts which physically abuse or threaten any person or
persons in any public place, or which otherwise place the
person or persons in fear of safety of life, limb, health
or property;
D.
Cause, provoke or engage in any
fight, brawl or riotous conduct, in any public place,
which endangers the life, limb, health or property of
another. (Prior code § 17-27).
Offense:
Class 2 Misdemeanor
Fine:
Thirty days imprisonment in a county jail or $200 fine, or
both.
Obstructing Public Officer:
South Dakota Codified Law (22-11-3):
Obstructing public officer. Any person who intentionally
obstructs or attempts to obstruct a public officer or
employee, not a law enforcement officer, jailer, or
firefighter in the performance of any official duty, or
who resists a public officer in performance of his duty,
is guilty of a Class 2 misdemeanor.
Offense:
Class 2 Misdemeanor
Fine:
Thirty days imprisonment in a county jail or $200 fine, or
both.
Obstruction Law Enforcement Officer, Jailer or Firefighter
as Misdemeanor:
South Dakota Codified Law (22-11-6):
Obstructing law enforcement officer, jailer or firefighter
as misdemeanor. Except as provided in §§ 22-11-4 and
22-11-5, any person who, by threatening to use violence,
force, or physical interference or obstacle, intentionally
obstructs, impairs, or hinders the enforcement of the
criminal laws or the preservation of the peace by a law
enforcement officer or jailer acting under color of his
official authority, or intentionally obstructs, impairs,
or hinders the prevention, control, or abatement of fire
by a firefighter acting under color of his official
authority, is guilty of obstructing a law enforcement
officer or jailer or firefighter.
Offense:
Class 1 Misdemeanor
Fine:
One year imprisonment in a county jail or $1,000 fine, or
both.
Rioting as Felony:
South Dakota Codified Law (22-10-1):
Riot as felony. Any use of force or violence or any
threat to use force or violence if accompanied by
immediate power of execution, by three or more persons
acting together and without authority of law, is riot.
Riot is a Class 4 Felony.
Offense:
Class 4 Felony
Fine:
Ten years imprisonment in the state penitentiary. In
addition, a fine of $10,000 may be imposed.
Refusal to Disperse or Refrain from Riot or Unlawful
Assembly:
South Dakota Codified Law (22-10-11):
Refusal to disperse or refrain from riot or unlawful
assembly. Any person who, during a riot or unlawful
assembly, intentionally disobeys a reasonable public
safety order to move, disperse, or refrain from specified
activities in the immediate vicinity of the riot, is
guilty of a Class 1 misdemeanor. A public safety order is
an order designed to prevent or control disorder, or
promote the safety of persons or property, issued by a law
enforcement officer or a member of the fire or military
forces concerned with the riot or unlawful assembly.
Offense:
Class 1 Misdemeanor
Fine:
One year imprisonment in a county jail or $1,000 fine, or
both.
South Dakota State Laws Pertaining to Possession of
Distribution of Marijuana:
Possession two ounces of Marijuana or less. SDCL 22-42-6.
Class 1 Misdemeanor: one year imprisonment in a county
jail or $1,000 fine or both. SDCL 22-6-2 (1)
Possession of more than two ounces but less than on half
pound of marijuana. SDCL 22-42-6.
Class 6 Felony: two years imprisonment in the state
penitentiary or a fine of $2,000, or both. SDCL 22-6-1
(8).
Possession of one half pound but less than one pound of
marijuana. SDCL 22-42-6.
Class 5 Felony: five years of imprisonment in the state
penitentiary or a fine of $5,000, or both. SDCL 22-6-1
(7)
Possession of one to ten pounds of marijuana. SDCL
22-42-6.
Class 3 Felony: ten years imprisonment in the state
penitentiary. In addition, a fine of $10,000 may be
imposed. SDCL 22-1-1 (6)
Possession of ten pounds or more of marijuana. SDCL
22-42-6.
Class 3 Felony: fifteen years imprisonment in the state
penitentiary. In addition, a fine of $15.000 may be
imposed. SDCL 22-6-1 (5)
Distribution of less than one-half ounce of marijuana
without consideration. SDCL 22-42-7.
Class 1 Misdemeanor: one year imprisonment in a county
jail or $1,000 fine, or both. SDCL 22-6-2 (1)
Distribution of one ounce or less or marijuana. SDCL
22-42-7.
Class 6 Felony: two years imprisonment in the state
penitentiary or a fine of $2,000, or both. SDCL 22-6-1
(8)
Distribution of more than one ounce, but less than one
half pound of marijuana. SDCL 22-42-7.
Class 5 Felony: five years imprisonment in the state
penitentiary. In addition, a fine of $5.000 may be
imposed. SDCL 22-6-1 (7)
Distribution of one half pound but less than one pound of
marijuana. SDCL 22-42-7.
Class 4 Felony: ten years imprisonment in the state
penitentiary. In addition, a fine of $10,000 may be
imposed. SDCL 22-6-1 (6)
Distribution of one pound or more marijuana. SDCL
22-42-7.
Class 3 Felony: fifteen years imprisonment in the state
penitentiary. In addition, a fine of $15,000 may be
imposed. SDCL 22-6-1 (5)
Distribution of any amount of marijuana to a minor. SDCL
22-42-7.
Class 4 Felony: ten years imprisonment in the state
penitentiary. In addition, a fine of $10,000 may be
imposed.
South Dakota State Laws Pertaining to Possession or
Distribution of Controlled Substances:
Unauthorized Manufacture, Distribution, Counterfeiting, or
Possession of Substance with Moderate Potential for Abuse
as Felony.
South Dakota Codified Law (22-42-3):
Except as authorized by this chapter or chapter 34-20B, no
person may manufacture, distribute, or dispense a
substance listed in Schedule III; possess with intent to
manufacture, distribute, or dispense, a substance listed
in Schedule III; create or distribute a counterfeit
substance listed in Schedule III, or possess with intent
to distribute a counterfeit substance listed in Schedule
III. A violation of this section is a Class 5 Felony.
However, the distribution of a substance listed in
Schedule III to a minor is a Class 3 Felony. A first
conviction under this section shall be punished by a
mandatory sentence in the state penitentiary or county
jail of at least thirty days, which sentence may not be
suspended. A second or subsequent conviction under this
section shall be punished by a mandatory penitentiary or
county jail sentence of at least one year, which sentence
may not be suspended. However, a first conviction for
distribution to a minor under this section shall be
punished by a mandatory sentence in the state penitentiary
or county jail of at lease ninety days, which sentence may
not be suspended. A second or subsequent conviction for
distribution to a minor under this section shall be
punished by a mandatory sentence in the state penitentiary
of at least two years, which sentence may not be
suspended. A civil penalty may be imposed, in addition to
any criminal penalty, upon a conviction of a violation of
this section not to exceed ten thousand dollars.
Unauthorized Possession of Controlled Substance as
Felony. South Dakota Codified Law (22-42-5):
No person may knowingly possess a controlled drug or
substance unless the substance was obtained directly or
pursuant to a valid prescription or order from a
practitioner, while acting in the course of the
practitioner’s professional practice or except as
otherwise authorized by chapter 34-20B. A violation of
this section is a Class 4 Felony punishableby ten years
imprisonment in the state penitentiary. In addition, a
fine of $10,000 may be imposed.
Keeping Place of Use or Sale of Controlled Substances as
Felony. South Dakota Codified Law (22-42-10):
Any person who keeps or maintains a place which is
resorted to by persons using controlled drugs and
substances for the purpose of using such substances, or
which is used for the keeping or selling of such
substances, is guilty of a Class 5 Felony, punishable by
five years imprisonment in the state penitentiary. In
addition, a fine of $5,000 may be imposed.
