The State Laws of South Dakota

Disclaimer:

Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. If you need legal advice and assistance, contact South Dakota lawyers.

South Dakota Abortion Laws

Within the state of South Dakota, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, South Dakota state legislation expresses a variety of stipulations with regard to a legal abortion process:

• A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; upon medical authorization, a pregnancy not exceeding 24 weeks can be performed – only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of South Dakota

• An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – partial birth abortions are permissible in order to save the life of the mother

• Individuals accused of performing illegal abortion procedures can be charged with applicable Class Felonies; any illegal abortion is considered to be a Class 6 Felony, which may consist of 2 years’ incarceration and a $2,000 fine – the death or injury of the mother may result in a Class 4 Felony

South Dakota Marijuana Laws

Within the state of South Dakota, the possession of Marijuana - or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the South Dakota State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of South Dakota:

Possession of Marijuana Charges

Within the state of South Dakota, a drug test rendering positive results for the presence of Marijuana may be considered as a possession charge:

1. Amount: less than 2 ounces

• Penalty: 1 year incarceration

• Fines: $1,000

• Classification: Misdemeanor

2. Amount: 2 – 8 ounces

• Penalty: 2 years’ incarceration

• Fines: $2,000

• Classification: Felony

3. Amount: 8 ounces – 1 pound

• Penalty: 5 years’ incarceration

• Fines: $5,000

• Classification: Felony

4. Amount: 1 – 10 pounds

• Penalty: 10 years’ incarceration

• Fines: $10,000

• Classification: Felony

5. Amount: 10 + pounds

• Penalty: 15 years’ incarceration

• Fines: $15,000

• Classification: Felony

Cultivation and/or Intent to Distribute Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur upwards of $10,000 penalties and 10 years’ incarceration

1. Amount: 0 – 1/2 ounce

• Penalty: minimum sentence of 15 days incarceration

• Fines: $1,000

• Classification: Misdemeanor

2. Amount: 1/2 – 1 ounce

• Penalty: 2 years’ incarceration

• Fines: $2,000

• Classification: Felony

3. Amount: 1 - 8 ounces

• Penalty: 5 years’ incarceration

• Fines: $5,000

• Classification: Felony

4. Amount: 8 ounces – 1 pound

• Penalty: 10 years’ incarceration

• Fines: $10,000

• Classification: Felony

5. Amount: 1 pound +

• Penalty: 15 years’ incarceration

• Fines: $15,000

• Classification: Felony

Medical Marijuana

Within the state of South Dakota, Medical Marijuana is considered to be illegal both for patient use and cultivation

South Dakota DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of South Dakota:

• Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of South Dakota, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

• The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

• In South Dakota, supplementary penalties may be incurred due to BAC levels exceeding .17%

• Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within South Dakota, law enforcement agents are permitted to act in accordance with implied consent laws

• Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 30 days’ time; penalties can range upwards of 1 year

South Dakota Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of South Dakota, handgun laws are as follows:

• The sale, ownership, or possession of handguns with regard to convicted felons convicted of a crime within the past 15 years, minors, and individuals convicted of drug charges within the past 5 years is illegal in the state of South Dakota; individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

• A waiting period of 48 hours exist within the state of South Dakota

• Current listing or report of forearms considered to be illegal in the state of South Dakota: silenced firearms, sawed-off shotguns, and an altered serial number

• Legal Codes: 21-1-2 (South Dakota gun laws), 13-32-7 (the prohibition of firearms within a school zone)

South Dakota Adoption Laws

In the state of South Dakota, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child; spouses must agree to adopt in joint fashion:

• Within the state of South Dakota, and individual must maintain residence for a period of no less than 6 months

• Any individual may be adopted; children above the age(s) of 12 must express consent with regard to a potential adoption

• Within the state of South Dakota, the Department of Social Services mandates all adoptions

South Dakota Employment and Labor Laws

• Within the state of South Dakota, the minimum wage is $6.55 - $7.25 awarded per hour of labor

• Within the state of South Dakota, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

South Dakota Divorce Laws

Within the state of South Dakota, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

• A divorce must be filed subsequent to residence within the state of South Dakota

• ‘No Fault’ divorce does exist on the grounds of irreconcilable differences

• Adultery and cruelty are additional grounds for divorce

South Dakota Death Penalty Laws

Within the state of South Dakota, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

• In the event of mental instability authorized by a court or pregnancy, capital punishment is disallowed

• There does not exist a standard minimum age permissible for a capital punishment sentence

• Within the state of South Dakota, homicide is considered to be the only crime punishable by death

• The accepted means of capital punishment is lethal injection

South Dakota Gambling Laws

Within the state of South Dakota, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

• Horse racing wagering is legal

• Dog racing wagering is legal

• Gambling is permissible on Native American land; any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of North Dakota – card games are permitted in the town of Deadwood

South Dakota Child Laws

Within the state of South Dakota, the following stipulations with regard to child laws and child custody are recognized:

• Joint custody is permitted

• The rights implied within grandparental visitation are recognized

• The wishes of any or all children involves are taken into consideration with regard to a custody decision