34-46-5. Violation as misdemeanor--Complete defense.
A violation of §34-46-2 is a Class 2 misdemeanor. A person is not liable for more than one violation of subdivision 34-46-2(4) on a single day. Reasonable reliance upon proof of age of the purchaser or the recipient of a tobacco product is a complete defense to any action brought against a person for the sale or distribution of a tobacco product to a person under the age of twenty-one.
Source: SL 1994, ch 280, §5; SL 1999, ch 178, §1; SL 2020, ch 148, § 4.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products
Section 34-46-1 - Definition of terms.
Section 34-46-2 - Unlawful actions.
Section 34-46-2.2 - Merchants--Notice requirement--Contents.
Section 34-46-3 - Unannounced, random inspections--Persons enlisted--Requirements.
Section 34-46-4 - Annual reports to federal government.
Section 34-46-5 - Violation as misdemeanor--Complete defense.
Section 34-46-5.1 - Limit on violations during unannounced random inspections.
Section 34-46-6 - Uniform regulation and implementation.
Section 34-46-7 - Creation of tobacco prevention and reduction program.
Section 34-46-10 - Tobacco prevention and reduction plan--Programs or grants.
Section 34-46-12 - Tobacco prevention and reduction trust fund.
Section 34-46-13 - Definition of terms used in §§ 34-46-13 to 34-46-19.
Section 34-46-14 - Smoking in public or place of employment prohibited--Petty offense.
Section 34-46-16 - Inapplicability to private residences unless used for day care.
Section 34-46-17 - Posted smoking rooms permitted in hotels and lodging establishments.
Section 34-46-18 - Smoking permitted in certain licensed establishments where alcohol sold.
Section 34-46-19 - Smoking permitted in certain retail tobacco stores.