Minor In Possession
SDCL § 35-9-2 — buying, possessing or drinking under twenty-one, and the call for help that is not prosecuted
It is a Class 2 misdemeanor for a person under the age of twenty-one years to buy, try to buy, possess or consume alcoholic beverages, or to misrepresent their age with a document to buy them. A religious ceremony is an exception.
Calling for help. A person who calls law enforcement or emergency medical services for someone in need because of alcohol, stays with them until help arrives, and cooperates on the scene is not arrested or prosecuted for underage consumption, open container or public intoxication.
The same holds for a person under twenty-one years who calls for help for themselves and remains and cooperates on the scene.
The protection reaches those misdemeanors only. A particular case is a question for a licensed South Dakota attorney.
Sources for this section (3)
- SDCL § 35-9-2 — Purchase, possession, or consumption of beverage by person under twenty-one years prohibited; Exception; Misrepresentation of age; Violation as misdemeanor
- 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
- SDCL § 35-9-2.5 — Immunity from prosecution for offense arising out of underage consumption for person who reports own need of emergency assistance
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.