35-9-1.1. Furnishing alcoholic beverage to person eighteen years or older but less than twenty-one years prohibited--Exceptions--Violation as misdemeanor--Civil liability.
It is a Class 2 misdemeanor to sell or give for use as a beverage any alcoholic beverage to any person who is eighteen years of age or older but less than twenty-one years of age unless it is done in the immediate presence of a parent or guardian or spouse over twenty-one years of age or by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes.
However, no licensee is civilly liable to any injured person or the injured person's estate for any injury suffered, including any action for wrongful death, or property damage suffered because of the sale or consumption of any alcoholic beverage in violation of the provisions of this section.
Source: SL 1990, ch 301, §2; SL 2010, ch 180, §36.
Structure South Dakota Codified Laws
Title 35 - Alcoholic Beverages
Chapter 09 - Age Requirements For Consumption Of Beverages
Section 35-9-1.1 - Furnishing alcoholic beverage to person eighteen years or older but less than twenty-one years prohibited--Exceptions--Violation as misdemeanor--Civil liability.
Section 35-9-1.2 - Reasonable attempt to investigate age.
Section 35-9-1.5 - Fine imposed on licensee when sale does not constitute criminal offense.
Section 35-9-2.3 - Purchase of beverage by adult for person under twenty-one as misdemeanor.
Section 35-9-4.1 - Legislative intent and purpose for raising minimum drinking age.
Section 35-9-7 - Driver's license suspension or restriction for certain violations.
Section 35-9-8 - Driver's license revocation for certain violations.
Section 35-9-11 - Defense available to social host.
Section 35-9-12 - Social host's lack of physical presence not a defense.