Your Responsibilities (Knowing the Laws)

Minor in Possession (MIP)
Rapid City Ordinance (5.1.9090):  It is unlawful to sell or give for the use as a beverage any alcoholic beverage or malt beverage to any person under the age of eighteen years, unless:

  1. It is done in the immediate presence of a parent or guardian or spouse over twenty-one years of age, while not on the premises of an establishment licensed for the retail sale of alcoholic beverages pursuant to this chapter, or at a special event for which an alcoholic beverage license has been issued pursuant to Rapid City Ordinance 5.12.050(1); or
  2. It is done by prescription or direction of a fully licensed practitioner or nurse of the healing arts for medicinal purposes.
  3. It is unlawful for any person under the age of twenty-one years to purchase, attempt to purchase or possess or consume except when consumed in a religious ceremony and given to the person by an authorized person, alcoholic beverages, or malt beverages, or to misrepresent his age for the purpose of purchasing or attempting to purchase such alcoholic beverages or male beverages from any licensee as defined by this chapter.  (Ord. 3506, prior code § 4-4).

South Dakota Codified Law (35-9-2):  Purchase, possession or consumption of beverage by minor as misdemeanor—Misrepresentaton of age.  It is a Class 2 misdemeanor for any person under the age of twenty-one years to purchase, attempt to purchase, or possess or consume alcoholic beverages except when consumed in a religious ceremony and given to said person by an authorized person, or to misrepresent his age with the use of any document for the purpose of purchasing or attempting to purchase alcoholic beverages from any licensee licensed under this title.
Offense:  Class 2 Misdemeanor
Fine:  Thirty days imprisonment in a county jail or $200 fine, or both.


False Personation with Intent to Deceive Law Enforcement Officer as Misdemeanor:

South Dakota Codified Law (22-40-1):  False personation with intent to deceive law enforcement officer as misdemeanor.  Notwithstanding § 22-11-8, a person who impersonates another, with intent to deceive a law enforcement officer, is guilty of a Class 1 misdemeanor.
Offense:  Class 1 Misdemeanor              
Fine:  One year imprisonment in a county jail or $1,000 fine, or both.


Possession of Known Forged Instrument with Intent to Defraud as Felony:
South Dakota Codified Law (22-39-38):  Possession of known forged instrument with intent to defraud as felony.  Any person who possesses a forged instrument is guilty of a Class 6 felony.  No person shall be convicted under this section unless he possesses the forged instrument with knowledge that it is forged and with intent to defraud.
Offense:  Class 6 Felony              
Fine:  Two years imprisonment in the state penitentiary or a fine of $2,000, or both.


Making or Possessing Forgery or Counterfeiting Devices as Felony:
South Dakota Codified Law (22-39-37):  Making or possessing forgery or counterfeiting devices as a felony.  Any person who:

  1. Makes or possesses with knowledge of its character, any plate, die, or other device, apparatus, equipment, or article specifically designated for use in counterfeiting, unlawfully simulating, or simulating, or otherwise forging, written instruments;
  2. Makes or possesses any device, apparatus, equipment, or article capable of or adaptable to a use specified in subdivision (1) of this section, with intent to use it himself, or to aid or permit another to use it, for the purpose of forgery; or
  3. Possesses a genuine plate, die, or other device used in the production of written instruments, with intent to defraud;

Is guilty of a Class 6 felony.
Offense:  Class 6 Felony              
Fine:  Two years imprisonment in the state penitentiary or a fine of $2,000, or both.


Purchase of Beverage by Adult for Person under Twenty-one as Misdemeanor:
South Dakota Codified Law (35-9-2.3):  Purchase of beverage by adult for person under twenty-one as misdemeanor.  Except as provided in § 35-9-1 and 35-9-1.1, it is a Class 1 misdemeanor for any person twenty-one years of age or older to purchase or otherwise acquire alcoholic beverages from a retail establishment and to give or resell the alcoholic beverage to any person under the age of twenty-one years.
Offense:  Class 1 Misdemeanor              
Fine:  One year imprisonment in a county jail or $1,000 fine, or both.


Contributing to Abuse, Neglect, or Delinquency or Causing Child to Child in Need of Supervision as Misdemeanor:
South Dakota Codified Law (26-9-1):  Contributing to abuse, neglect, or delinquency or causing child to become child in need of supervision as misdemeanor.  Any person who, by any act, causes, encourages, or contributes to the abuse, the neglect, or the delinquency of a child, or any person, other than a parent who, by any act, causes a child to become a child in need of supervision, as such phrases with reference to children are defined by chapters 26-7A, 26-8B, and 26-8C, or who is, in any manner, responsible therefore, is guilty of a Class 1 misdemeanor.
Offense:  Class 1 Misdemeanor              
Fine:  One year imprisonment in a county jail or $1,000, or both.


Possession in Motor Vehicles:
Rapid City Ordinance (5.12.120):  It is unlawful for any person to have a package or any receptacle containing an alcoholic beverage in his possession in a motor vehicle unless the seal of the original package remains unbroken or the alcoholic beverage is so removed that no occupant of the motor vehicle shall have access to it while the vehicle is in motion.  (Prior code § 4-1 (b) (5)).


Possession in Public Places:
Rapid City Ordinance (5/12/100):
  1. For purposes of this section “public place” means any place, whether within or without a building, commonly and customarily open to or used by the general public and any sidewalk, street or highway.
  2. It is unlawful for any person to possess an alcoholic beverage, in an unsealed container or in an open receptacle, in any public place other than upon the premises of a licensed on-sale dealer where such alcoholic beverage was purchased from such dealer for on-sale purposes.
  3. Nothing in this section shall be construed to prohibit the possession of beer on park premises which are leased to a concessionaire and the concessionaire has an appropriate alcoholic beverage license.
  4. Any person violating the provisions of this section is guilty of a misdemeanor and subject to a penalty not to exceed thirty days imprisonment or a fine not to exceed one hundred dollars of both.  (ord. 2969 (part), 1992; prior code § 17-50).

Offense:  Class 2 Misdemeanor
Fine:  30 days in a county jail or $100 fine, or both.


Consuming or Mixing in Public Places:
Rapid City Ordinance (5-12-110):

  1. For purposes of this section “public place” means any place, whether within or without a building, commonly and customarily open to or used by the general public and any street or highway.
  2. It is unlawful for any person to consume any intoxicating liquor or malt beverage or to mix or blen any alcoholic beverage with any other beverage, regardless of whether such beverage is an alcoholic beverage, in any public place, other than upon the premises of a licensed on-sale dealer where such alcoholic beverage was purchased from such dealer for on-sale purposes.
  3. Nothing in this section shall be construed to prohibit the sale or consumption of malt beverages on park premises which are leased to a concessionaire and the concessionaire has an appropriate alcoholic beverage license.
  4. Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction thereof is punishable by imprisonment for not more than thirty days or by a fine of not more than one hundred dollars or by both such fine and imprisonment.  (Prior code § 4-1 (b) (4)).

Offense:  Class 2 Misdemeanor              
Fine:  30 days imprisonment in a county jail or $100 fine, or both.


Disturbing the Peace:
Rapid City Ordinance (9.08.040):  It is unlawful for any person, within the corporate limits of this city, to be guilty of any conduct tending toward disturbing the peace of any other person.  The causing or making of any unnecessary loud noise or shouting or yelling shall be considered a breach of the peace.  (Prior code § 17-28).


Disorderly Conduct:
South Dakota Codified Law (22-13-1):  Disorderly conduct.  Any person who intentionally causes serious public inconvenience, annoyance, or alarm to any other person, or creates a risk thereof by:

  1. Engaging in fighting or in violent or threatening behavior;
  2. Making unreasonable noise;
  3. Disturbing any lawful assembly or meeting of persons without lawful authority; or
  4. Obstructing vehicular or pedestrian traffic.

Is guilty of disorderly conduct.  Disorderly conduct is a Class 2 misdemeanor.

Rapid City Ordinance (9.08.030):  It is unlawful for any person, within the corporate limits of this city, to intentionally, knowingly or recklessly:

  1. Utter any lewd, obscene, profane, libelous or fighting words in any public place, which words have a direct tendency, in the context in which they were uttered, to cause any act of immediate violence by the person or persons to whom they were addressed;
  2. Utter any words in a public place, which words by their very utterance inflict injury or serious annoyance to the person or persons to whom they are addressed;
  3. Utter any words or perform any acts which physically abuse or threaten any person or persons in any public place, or which otherwise place the person or persons in fear of safety of life, limb, health or property;
  4. Cause, provoke or engage in any fight, brawl or riotous conduct, in any public place, which endangers the life, limb, health or property of another.  (Prior code § 17-27).

Offense:  Class 2 Misdemeanor              
Fine:  Thirty days imprisonment in a county jail or $200 fine, or both.


Obstructing Public Officer:
South Dakota Codified Law (22-11-3):  Obstructing public officer.  Any person who intentionally obstructs or attempts to obstruct a public officer or employee, not a law enforcement officer, jailer, or firefighter in the performance of any official duty, or who resists a public officer in performance of his duty, is guilty of a Class 2 misdemeanor.
Offense:  Class 2 Misdemeanor              
Fine:  Thirty days imprisonment in a county jail or $200 fine, or both.


Obstruction Law Enforcement Officer, Jailer or Firefighter as Misdemeanor:
South Dakota Codified Law (22-11-6):  Obstructing law enforcement officer, jailer or firefighter as misdemeanor.  Except as provided in §§ 22-11-4 and 22-11-5, any person who, by threatening to use violence, force, or physical interference or obstacle, intentionally obstructs, impairs, or hinders the enforcement of the criminal laws or the preservation of the peace by a law enforcement officer or jailer acting under color of his official authority, or intentionally obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter acting under color of his official authority, is guilty of obstructing a law enforcement officer or jailer or firefighter.
Offense:  Class 1 Misdemeanor              
Fine:  One year imprisonment in a county jail or $1,000 fine, or both.


Rioting as Felony:
South Dakota Codified Law (22-10-1):  Riot as felony.  Any use of force or violence or any threat to use force or violence if accompanied by immediate power of execution, by three or more persons acting together and without authority of law, is riot.  Riot is a Class 4 Felony.
Offense:  Class 4 Felony                    
Fine:  Ten years imprisonment in the state penitentiary.  In addition, a fine of $10,000 may be imposed.


Refusal to Disperse or Refrain from Riot or Unlawful Assembly:
South Dakota Codified Law (22-10-11):  Refusal to disperse or refrain from riot or unlawful assembly.  Any person who, during a riot or unlawful assembly, intentionally disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot, is guilty of a Class 1 misdemeanor.  A public safety order is an order designed to prevent or control disorder, or promote the safety of persons or property, issued by a law enforcement officer or a member of the fire or military forces concerned with the riot or unlawful assembly.
Offense:  Class 1 Misdemeanor              
Fine:  One year imprisonment in a county jail or $1,000 fine, or both.


 
South Dakota State Laws Pertaining to Possession of Distribution of Marijuana:

Possession two ounces of Marijuana or less.  SDCL 22-42-6.  Class 1 Misdemeanor:  one year imprisonment in a county jail or $1,000 fine or both.  SDCL 22-6-2 (1)

Possession of more than two ounces but less than on half pound of marijuana.  SDCL 22-42-6. 
Class 6 Felony:  two years imprisonment in the state penitentiary or a fine of $2,000, or both.  SDCL 22-6-1 (8).

Possession of one half pound but less than one pound of marijuana.  SDCL 22-42-6.  Class 5 Felony:  five years of imprisonment in the state penitentiary or a fine of $5,000, or both.  SDCL 22-6-1 (7)

Possession of one to ten pounds of marijuana.  SDCL 22-42-6.  Class 3 Felony:  ten years imprisonment in the state penitentiary.  In addition, a fine of $10,000 may be imposed.  SDCL 22-1-1 (6)

Possession of ten pounds or more of marijuana.  SDCL 22-42-6.  Class 3 Felony:  fifteen years imprisonment in the state penitentiary.  In addition, a fine of $15.000 may be imposed.  SDCL 22-6-1 (5)

Distribution of less than one-half ounce of marijuana without consideration.  SDCL 22-42-7.  Class 1 Misdemeanor:  one year imprisonment in a county jail or $1,000 fine, or both.  SDCL 22-6-2 (1)

Distribution of one ounce or less or marijuana.  SDCL 22-42-7.  Class 6 Felony:  two years imprisonment in the state penitentiary or a fine of $2,000, or both.  SDCL 22-6-1 (8)

Distribution of more than one ounce, but less than one half pound of marijuana.  SDCL 22-42-7.  Class 5 Felony:  five years imprisonment in the state penitentiary.  In addition, a fine of $5.000 may be imposed.  SDCL 22-6-1 (7)

Distribution of one half pound but less than one pound of marijuana.  SDCL 22-42-7.  Class 4 Felony:  ten years imprisonment in the state penitentiary.  In addition, a fine of $10,000 may be imposed.  SDCL 22-6-1 (6)

Distribution of one pound or more marijuana.  SDCL 22-42-7.  Class 3 Felony:  fifteen years imprisonment in the state penitentiary.  In addition, a fine of $15,000 may be imposed.  SDCL  22-6-1 (5)

Distribution of any amount of marijuana to a minor.  SDCL 22-42-7.  Class 4 Felony:  ten years imprisonment in the state penitentiary.  In addition, a fine of $10,000 may be imposed.

 

 



South Dakota State Laws Pertaining to Possession or Distribution of Controlled Substances:


Unauthorized Manufacture, Distribution, Counterfeiting, or Possession of Substance with Moderate Potential for Abuse as Felony.
South Dakota Codified Law (22-42-3):  Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a substance listed in Schedule III; possess with intent to manufacture, distribute, or dispense, a substance listed in Schedule III; create or distribute a counterfeit substance listed in Schedule III, or possess with intent to distribute a counterfeit substance listed in Schedule III.  A violation of this section is a Class 5 Felony.  However, the distribution of a substance listed in Schedule III to a minor is a Class 3 Felony.  A first conviction under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least thirty days, which sentence may not be suspended.  A second or subsequent conviction under this section shall be punished by a mandatory penitentiary or county jail sentence of at least one year, which sentence may not be suspended.  However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at lease ninety days, which sentence may not be suspended.  A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary of at least two years, which sentence may not be suspended.  A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars.

Unauthorized Possession of Controlled Substance as Felony. 
South Dakota Codified Law (22-42-5):  No person may knowingly possess a controlled drug or substance unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, while acting in the course of the practitioner’s professional practice or except as otherwise authorized by chapter 34-20B.  A violation of this section is a Class 4 Felony punishableby ten years imprisonment in the state penitentiary.  In addition, a fine of $10,000 may be imposed.

Keeping Place of Use or Sale of Controlled Substances as Felony. 
South Dakota Codified Law (22-42-10):  Any person who keeps or maintains a place which is resorted to by persons using controlled drugs and substances for the purpose of using such substances, or which is used for the keeping or selling of such substances, is guilty of a Class 5 Felony, punishable by five years imprisonment in the state penitentiary.  In addition, a fine of $5,000 may be imposed.

 

 

 

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