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.
Violation as misdemeanor--Complete defense
SDCL § 34-46-5 — under REGULATION OF SALES AND DISTRIBUTION OF TOBACCO PRODUCTS.
SDCL § 34-46-5