South Dakota Statutes
§ 34-46-5 — Violation as misdemeanor--Complete defense.
South Dakota § 34-46-5
JurisdictionSouth Dakota
Title 34PUBLIC HEALTH AND SAFETY
Ch. 34-43REGULATION OF SALES AND DISTRIBUTION OF TOBACCO PRODUCTS
This text of South Dakota § 34-46-5 (Violation as misdemeanor--Complete defense.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 34-46-5 (2026).
Text
A violation of § 34-46-2 is a Class 2 misdemeanor. A person is not liable for more than one violation of subdivision 34-46-2 (4) on a single day. Reasonable reliance upon proof of age of the purchaser or the recipient of a tobacco product is a complete defense to any action brought against a person for the sale or distribution of a tobacco product to a person under the age of twenty-one.
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Legislative History
SL 1994, ch 280, § 5; SL 1999, ch 178, § 1; SL 2020, ch 148, § 4.
Nearby Sections
15
§ 34-1-1
§ 34-1-1§ 34-1-1.1
Department reorganized and continued.§ 34-1-15
§ 34-1-15§ 34-1-19
Repealed§ 34-1-2
, 34-1-2.1Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 34-46-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/34-46-5.