South Dakota Codified Laws
Chapter 09 - Age Requirements For Consumption Of Beverages
Section 35-9-1.2 - Reasonable attempt to investigate age.

35-9-1.2. Reasonable attempt to investigate age.
Any person charged with a violation of §35-9-1, 35-9-1.1, or 35-12B-7, may offer evidence, as a defense, that the person made a reasonable attempt to investigate the age of the person by examining an age-bearing identification document that would have appeared valid to a reasonable and prudent person.

Source: SL 1991, ch 299; SL 2000, ch 182, §1; SL 2010, ch 180, §60; SL 2015, ch 196, §8, eff. Jan. 1, 2016.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 35 - Alcoholic Beverages

Chapter 09 - Age Requirements For Consumption Of Beverages

Section 35-9-1 - Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as misdemeanor--Civil liability.

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 35-9-1.3 - Sale of alcoholic beverage to underaged person based on false identification document--Conviction barred.

Section 35-9-1.4 - Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person.

Section 35-9-1.5 - Fine imposed on licensee when sale does not constitute criminal offense.

Section 35-9-1.6 - Hearing on liability for furnishing alcoholic beverage to underage person--Amount of fine.

Section 35-9-2 - Purchase, possession, or consumption of beverage by person under twenty-one years prohibited--Exception--Misrepresentation of age--Violation as misdemeanor.

Section 35-9-2.1 - Merchant may detain person under twenty-one who purchases, attempts to purchase or possesses alcoholic beverage--Conditions.

Section 35-9-2.2 - Merchant to post notice if persons illegally attempting to purchase alcoholic beverages will be detained.

Section 35-9-2.3 - Purchase of beverage by adult for person under twenty-one as misdemeanor.

Section 35-9-2.4 - Immunity from prosecution for offense arising out of underage consumption for person who assists person in need of emergency assistance.

Section 35-9-2.5 - Immunity from prosecution for offense arising out of underage consumption for person who reports own need of emergency assistance.

Section 35-9-4.1 - Legislative intent and purpose for raising minimum drinking age.

Section 35-9-6 - Determination of venue when minor apprehended for purchase, possession, or consumption of alcoholic beverage.

Section 35-9-6.1 - Determination of venue in juvenile adjudication arising from purchase, possession, or consumption of alcoholic beverage.

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 35-9-9 - Social host prohibited from permitting consumption of alcoholic beverages by person under age eighteen--Misdemeanor.

Section 35-9-10 - Social host prohibited from permitting consumption of alcoholic beverages by person age eighteen, nineteen, or twenty--Misdemeanor.

Section 35-9-11 - Defense available to social host.

Section 35-9-12 - Social host's lack of physical presence not a defense.

Section 35-9-13 - Social host defined.