South Dakota § 34-46-5 - Violation as misdemeanor--Complete defense.

Full text of South Dakota South Dakota Codified Laws § 34-46-5 — Violation as misdemeanor--Complete defense., with citation guidance and answers to common questions.

§ 34-46-5. Violation as misdemeanor--Complete defense.

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.

Source: SL 1994, ch 280, § 5; SL 1999, ch 178, § 1; SL 2020, ch 148, § 4.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 34-46-5

What does South Dakota Codified Laws § 34-46-5 cover?

Section 34-46-5 ("Violation as misdemeanor--Complete defense.") 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 § 34-46-5?

A common citation format is "South Dakota Codified Laws § 34-46-5" (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 § 34-46-5 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.