South Dakota § 24-2-22 - Prohibited articles for inmates--Delivery or intent to deliver to inmate--Penalty.

§ 24-2-22. Prohibited articles for inmates--Delivery or intent to deliver to inmate--Penalty.

Any employee or other person who delivers or procures to be delivered, or possesses with the intent to deliver, to any inmate in a state correctional facility, or who deposits or conceals in or around any facility or place used to house inmates, or in any mode of transport entering the grounds of any facility or place and its ancillary facilities used to house inmates, any of the following articles, with the intent that any inmate obtain or receive the article, is guilty of a felony pursuant to the following schedule:

(1)    Any alcoholic beverage or marijuana is a Class 6 felony;

(2)    A cell phone or any other electronic communication device prohibited by Department of Corrections policy is a Class 4 felony;

(3)    Any prescription or nonprescription drug or controlled substance, as defined by chapter 34-20B, except as authorized by the Department of Corrections, is a Class 3 felony;

(4)    A dangerous weapon, as defined by § 22-1-2, is a Class 2 felony; and

(5)    Any article, not proscribed by this section, that is not provided by or authorized by the facility in any form, is a Class 6 felony.

Source: SDC 1939, § 13.1229 as added by SL 1947, ch 49; SL 1979, ch 150, § 33; SL 1989, ch 20, § 99; SL 1990, ch 180, § 4; SL 2004, ch 168, § 13; SL 2023, ch 82, § 71; SL 2025, ch 103, § 2; SL 2026, ch 115, § 1.