South Dakota § 26-7A-126 - Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.
Full text of South Dakota South Dakota Codified Laws § 26-7A-126 — Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney., with citation guidance and answers to common questions.
§ 26-7A-126. Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.
The following allegations of delinquency and children in need of supervision shall be treated as juvenile cited violations by law enforcement:
(1) Petty theft in the second degree pursuant to § 22-30A-17.3;
(2) Intentional damage to property, four hundred dollars or less, pursuant to § 22-34-1;
(3) Purchase, possession, or consumption of alcoholic beverage by person under twenty-one years pursuant to § 35-9-2 in accordance with subdivision 26-8B-2(5); and
(4) Truancy pursuant to subdivision 26-8B-2(1).
The issuing officer shall notify the child and the child's parent, guardian, or custodian that a hearing on the citation for a cited violation shall be held before a judicial circuit court judge within ten days of issuance of the citation or on the next available court date and be treated as a confidential juvenile matter. The hearing shall be held pursuant to § 26-7A-36 and the case records shall be treated as confidential consistent with the provisions of §§ 26-7A-114, 26-7A-115, 26-7A-116, 26-7A-120, and 26-7A-27. A cited violation is not an adjudication or a child in need of supervision or delinquency proceeding. In lieu of a citation, pursuant to subdivision 26-7A-126(4), a school official may file a report with the state's attorney. A report may also be filed with the state's attorney in lieu of a citation if the conduct occurs in conjunction with another offense that is not subject to the juvenile cited violation process.
Source: SL 2015, ch 152, § 37, eff. Jan. 1, 2016; SL 2017, ch 115, § 3, eff. Mar. 13, 2017.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 26-7A-126
What does South Dakota Codified Laws § 26-7A-126 cover?
Section 26-7A-126 ("Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 26-7A-126?
A common citation format is "South Dakota Codified Laws § 26-7A-126" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 26-7A-126 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.