22-42-19. Drug free zones created--Violation as felony--Sentence--Defense.
Any person who commits a violation of §22-42-2, 22-42-3, or 22-42-4, or a felony violation of §22-42-7, if such activity has taken place:
(1)In, on, or within one thousand feet of real property comprising a public or private elementary or secondary school or a playground; or
(2)In, on, or within five hundred feet of real property comprising a public or private youth center, public swimming pool, or video arcade facility; is guilty of a Class 4 felony. The sentence imposed for a conviction under this section carries a minimum sentence of imprisonment in the state penitentiary of five years. Any sentence imposed under this section shall be consecutive to any other sentence imposed for the principal felony. The court may not place on probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any person convicted of a violation of this section. However, the sentencing court may impose a sentence other than that specified in this section if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence provided for in this section. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing.
It is not a defense to the provisions of this section that the defendant did not know the distance involved. It is not a defense to the provisions of this section that school was not in session.
Source: SL 1992, ch 168, §2; SL 1998, ch 140, §1.
Structure South Dakota Codified Laws
Chapter 42 - Controlled Substances And Marijuana
Section 22-42-1 - Definitions.
Section 22-42-2.3 - Mitigating circumstances--Departure from mandatory sentence.
Section 22-42-4.2 - Schedule II, III, or IV substances to be distributed only for a medical purpose.
Section 22-42-5 - Unauthorized possession of controlled drug or substance as felony.
Section 22-42-5.1 - Unauthorized ingestion of controlled drug or substance as felony.
Section 22-42-6 - Possession of marijuana prohibited--Degrees according to amount.
Section 22-42-10 - Keeping place for use or sale of controlled substances as felony.
Section 22-42-13 - Criminal penalties in addition to civil and administrative penalties.
Section 22-42-18 - Definitions of terms used in §§ 22-42-19 to 22-42-21, inclusive.
Section 22-42-19 - Drug free zones created--Violation as felony--Sentence--Defense.
Section 22-42-20 - Violation of drug-free zones as separate count in indictment.
Section 22-42-21 - Lack of knowledge as to age of minor not a defense.
Section 22-42-22 - Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor.
Section 22-42-23 - Controlled Substance--Pregnancy--Assault.
Section 22-42-24 - Driver--Use of marijuana--Motor vehicle--Misdemeanor.
Section 22-42-25 - Passenger--Use of marijuana--Motor vehicle--Misdemeanor.