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South Dakota · Through 2026-08-31

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

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Where this section sits in the code
  1. TITLE 35. ALCOHOLIC BEVERAGES
  2. CHAPTER 35-9. AGE REQUIREMENTS FOR CONSUMPTION OF BEVERAGES

No person may be arrested or prosecuted for any misdemeanor offense of underage consumption, open container, or public intoxication, arising out of underage consumption of alcohol if that person contacts any law enforcement or emergency medical services and reports that a person is in need of emergency medical assistance due to alcohol consumption and that person:

(1) Assists the person in need of emergency medical assistance until assistance arrives; and

(2) Remains and cooperates with medical assistance and law enforcement personnel on the scene.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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