A minor in South Dakota may not buy (or attempt to buy), possess, or consume alcohol; or knowingly provide false information to obtain alcohol. (South Dakota Cod. Laws. Section 35-9-2.) Nor is it legal in South Dakota for an adult to transfer or give alcohol to a minor. (South Dakota Cod. Laws. Section 35-9-1.) There are few exceptions to these rules, explained below.
South Dakota recognizes four exceptions to the general rule prohibiting minors from possessing or consuming alcohol.
The consequences of violating South Carolina’s minor in possession laws depend on the violation. In addition to the following penalties, the judge may, under certain circumstances, order the violator to make restitution (pay money for damages or injuries) to someone harmed by the violation. (South Dakota Cod. Laws. Section 22-6-2.)
Illegal alcohol purchase, possession, or consumption; misrepresenting age. Convictions for these violations are Class 2 misdemeanors. Penalties include a fine of up to $500, thirty days in jail, or both (as decided by the judge). (South Dakota Cod. Laws. Section 35-9-2.)
Furnishing alcohol to a minor younger than 18. A violation involving a minor younger than 18 is a Class 1 misdemeanor. This type of violation carries a fine of up to $2,000, up to a year in jail, or both (as decided by the judge). (South Dakota Cod. Laws. Section 35-9-1.) Other penalties may apply to adults who furnish alcohol to minors between the ages of 18 and 20.
Because local procedures and attitude towards the South Dakota minor in possession laws vary by community, it is a good idea to consult with a lawyer who is familiar with how these cases are handled in your area. This will give you a better chance of achieving the most favorable outcome under the unique circumstances of your case.