Title 22 — CRIMES
62 chapters · 771 sections in this title.
SDCL § 22-42-2.1 Written prescription required to dispense Schedule II substance--Refills prohibited--Felony
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No person other than a practitioner who is not a pharmacist, may dispense a controlled drug or substance included in Schedule II to an ultimate user without the written prescription of a practitioner who is not a pharmacist. No prescription for a Schedule II drug or substance sha…
SDCL § 22-42-2.2 Oral prescription permitted for Schedule II substance under specified conditions
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Notwithstanding § 22-42-2.1 , a pharmacist may dispense a controlled drug or substance included in Schedule II upon receipt of an oral prescription of a practitioner who is not a pharmacist, if the practitioner states that: (1) Immediate administration of the controlled substance…
SDCL § 22-42-2.3 Mitigating circumstances--Departure from mandatory sentence
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The sentencing court may impose a sentence other than that which is required by § 22-42-2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by §
SDCL § 22-42-2.4 Conspiracy to commit violation of § 22-42-2 --Punishment same as provided under that section
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Notwithstanding subdivision 22-3-8(1), the punishment for conspiracy to commit a violation of § 22-42-2 is the same as the punishment for violating §
SDCL § 22-42-2.5 Findings required for sentence imposed without regard to statutory minimum sentence
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For any offense under § 22-42-4.3 or § 22-42-2 where the opium derivative or opiate is listed as Schedule I or Schedule II under chapter 34-20B , the court shall impose a sentence without regard to any statutory minimum sentence, only if the court makes written findings that: (1)…
SDCL § 22-42-20 Violation of drug - free zones as separate count in indictment
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A violation of § 22-42-19 shall be charged in the indictment or information as a separate count in addition to the principal felony charged to have been committed. Source: SL 1992, ch 168 , § 3.
SDCL § 22-42-21 Lack of knowledge as to age of minor not a defense
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It is not a defense to the provisions of this chapter regarding distribution of a controlled substance or marijuana to a minor that the defendant did not know that the recipient was a minor, even if such lack of knowledge was reasonable. Source: SL 1992, ch 168 , § 4.
SDCL § 22-42-22 Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor
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No person may knowingly possess Salvia divinorum or salvinorin A. It is a Class 1 misdemeanor to possess two ounces or less of Salvia divinorum or salvinorin A. It is a Class 6 felony to possess more than two ounces of Salvia divinorum or salvinorin A. Source: SL 2009, ch 119 , §…
SDCL § 22-42-23 Controlled Substance--Pregnancy--Assault
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If a woman who was pregnant at the time of an alleged violation of § 22-42-5 or 22-42-5 .1 provides evidence that she: (1) Received adequate prenatal care from a licensed health care professional during her pregnancy; (2) Actively enrolled in an addiction recovery program before …
SDCL § 22-42-24 Driver--Use of marijuana--Motor vehicle--Misdemeanor
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While a motor vehicle is located upon a public highway or the right-of-way of a public highway, it is a Class 2 misdemeanor if any person operating or in actual physical control of a motor vehicle smokes or consumes marijuana or marijuana concentrate while the vehicle is being op…
SDCL § 22-42-25 Passenger--Use of marijuana--Motor vehicle--Misdemeanor
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While a motor vehicle is located upon a public highway or the right-of-way of a public highway, it is a Class 2 misdemeanor if any person occupying a motor vehicle smokes marijuana or marijuana concentrate while the vehicle is being operated. Source: SL 2021, ch 100 , § 2.
SDCL § 22-42-3 Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony--Mandatory sentences
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Except as authorized by this chapter or chapter 34-20B , no person may manufacture, distribute, or dispense a controlled drug or substance listed in Schedule III; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule III; create or distribute …
SDCL § 22-42-4 Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony--Mandatory sentences
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Except as authorized by this chapter or chapter 34-20B , no person may manufacture, distribute, or dispense a controlled drug or substance listed in Schedule IV; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule IV; create or distribute a …
SDCL § 22-42-4.1 Prescription required to dispense Schedule III or Schedule IV substance--Refill restricted--Felony
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Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled drug or substance included in Schedule III or Schedule IV may be dispensed without a written or oral prescription. Such prescription may not be filled or refilled more th…
SDCL § 22-42-4.2 Schedule II, III, or IV substances to be distributed only for a medical purpose
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No controlled drug or substance included in Schedule II, III, or IV may be distributed or dispensed other than for a medical purpose. Source: SL 1970, ch 229 , § 9 (m); SDCL Supp, § 39-17-85; SL 1977, ch 189 , § 83; SL 1980, ch 178 .
SDCL § 22-42-4.3 Unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony--Mandatory sentences
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Except as authorized by this section or chapter 34-20B , no person may manufacture, distribute, or dispense more than five grams of methamphetamine, a methamphetamine analog or immediate precursor; possess with intent to manufacture, distribute, or dispense methamphetamine, a met…
SDCL § 22-42-5 Unauthorized possession of controlled drug or substance as felony
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No person may knowingly possess a controlled drug or substance unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, while acting in the course of the practitioner's professional practice or except as otherwise authorized by …
Unauthorized ingestion of controlled drug or substance--Penalty
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No person may knowingly ingest a controlled drug or substance or have a controlled drug or substance in an altered state in the body unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, acting in the course of the practition…
SDCL § 22-42-6 Possession of marijuana prohibited--Degrees according to amount
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No person may knowingly possess marijuana. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. It is a Class 6 felony to possess more than two ounces of marijuana but less than one - half pound of marijuana. It is a Class 5 felony to possess one - half pound b…
SDCL § 22-42-7 Distribution or possession with intent to distribute specified amounts of marijuana
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The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana without consideration is a Class 1 misdemeanor; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana is a Class 6 felony. The dis…
SDCL § 22-42-8 Obtaining possession of controlled substance by theft, misrepresentation, forgery, or fraud
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Any person who knowingly obtains possession of a controlled drug or substance by theft, misrepresentation, forgery, fraud, deception, or subterfuge is guilty of a Class 4 felony. Source: SL 1970, ch 229 , § 10 (e) (3); SDCL Supp, § 39-17-106; SL 1977, ch 189 , § 85; SL 1984, ch 2…
SDCL § 22-42-9 Manufacture, distribution, or possession of equipment for making counterfeit controlled substance as felony
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Any person who knowingly makes, distributes, or possesses any punch, die, plate, or other thing designed to print or reproduce the trademark, trade name, or other identifying mark of another on any drug, or container or label thereof so as to make such drug a counterfeit controll…
SDCL § 22-42A-1 Drug paraphernalia defined--Exclusion
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For purposes of this chapter, the term, drug paraphernalia, means any equipment, product, or material that is primarily used, intended for use, or designed for use by the person in possession of it, in planting, propagating, cultivating, growing, harvesting, manufacturing, compou…
SDCL § 22-42A-2 Factors considered in determining whether an object is drug paraphernalia
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In determining whether an object is drug paraphernalia as defined in § 22-42A-1 , a court or other authority shall consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use; (2…
SDCL § 22-42A-3 Use or possession of drug paraphernalia as misdemeanor
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No person, knowing the drug related nature of the object, may use or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, i…
SDCL § 22-43-1 Commercial bribery--Misdemeanor
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Any person who confers, or agrees to confer, directly or indirectly, any benefit upon any employee, agent, or fiduciary without the consent of the latter's employer or principal, with intent to influence the employee's, agent's, or fiduciary's conduct in relation to that person's…
SDCL § 22-43-2 Receiving a commercial bribe--Misdemeanor
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Any employee, agent, or fiduciary who, without consent of that person's employer or principal, solicits, accepts, or agrees to accept any benefit, directly or indirectly, from another person upon an agreement or understanding that such benefit will influence his or her conduct in…
SDCL § 22-44-1 Obstruction of community antenna television system transmissions as misdemeanor
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No person may intentionally prevent or obstruct the transmission, distribution, or receipt of programming material carried by the equipment of a community antenna television system. A violation of this section is a Class 2 misdemeanor. Source: SL 1984, ch 173 , § 1.
SDCL § 22-44-2 Equipment for receiving services without payment--Installation or possession as misdemeanor
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No person may knowingly install, maintain, or possess any equipment, device, or instrument designed, intended, or used solely for the purpose of unlawfully facilitating the interception, decoding, or receipt of the services of any community antenna television system, multipoint d…
SDCL § 22-44-2.1 Manufacture, sale, or distribution of equipment for receiving service without payment as misdemeanor
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No person may knowingly manufacture, sell, offer for sale, or distribute any equipment, device, or instrument designed, intended, or used solely for the purpose of unlawfully facilitating the interception, decoding, or receipt of the services of any community antenna television s…
SDCL § 22-44-3 Seizure of equipment
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Any equipment, device, or instrument possessed in violation of § 22-44-2 may be seized as contraband after a conviction of the owner or possessor of the equipment for a violation of this chapter. Source: SL 1984, ch 173 , § 3.
SDCL § 22-44-4 Multipoint distribution system and multichannel multipoint distribution system defined
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Multipoint distribution system and multichannel multipoint distribution system mean a subscription television, audio, or other data service, using the 2.5 gigahertz frequency band and the receiving device or decoder which is necessary for reception of the services provided by the…
SDCL § 22-45-1 Definition of terms
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Terms as used in this chapter mean: (1) "Benefit," any benefit authorized under the medical services program of the State Department of Social Services; (2) "Claim," any communication, whether oral, written, electronic, or magnetic, which is utilized to identify a good, item, or …
SDCL § 22-45-10 Use of other civil or criminal remedy not precluded
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The provisions of this chapter are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy. Source: SL 1986, ch 187 , § 10.
SDCL § 22-45-11 Limitation on civil action
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No civil action may be brought under this chapter more than six years after the cause of action accrues. Source: SL 1986, ch 187 , § 11.
SDCL § 22-45-2 Action by which claimant commits an offense--Violation a felony
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A person commits an offense if he: (1) Makes or causes to be made a claim, knowing the claim to be false, in whole or in part, by commission or omission; or (2) Makes or causes to be made a statement or representation for use in obtaining or seeking to obtain authorization to pro…
SDCL § 22-45-3 Application to participate as provider--Perjury for submitting false statements--Violation a felony
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Each application to participate as a provider in the program, each report stating income or expense upon which rates of payment are or may be based, and each invoice for payment for a good or a service provided to the recipient shall contain a statement that all matters stated th…
SDCL § 22-45-4 Action of person aiding provider with goods or services or referring individuals to provider for which additional value received an offense--Violation a felony
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A person commits an offense if he: (1) Acting on behalf of a provider, purchases or leases goods, services, materials, or supplies for which payment may be made, in whole or in part, under the program and solicits or accepts anything of additional value in return for or in connec…
SDCL § 22-45-5 Offense of acceptance of amount in addition to amount legally payable under program--Violation a felony
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A person commits an offense if he, acting on behalf of a provider providing a good or a service to a recipient under the program, charges, solicits, accepts, or receives anything of additional value in addition to the amount legally payable under the program in connection with a …
SDCL § 22-45-6 Failure to keep necessary records upon which claim is based--Violation a misdemeanor
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A person commits an offense if he: (1) Having submitted a claim for or received payment for a good or a service under the program, intentionally fails to maintain such records as are necessary to disclose fully the nature of all a good or a service for which a claim was submitted…
SDCL § 22-45-7 Liability for receipt of payment by person not entitled thereto
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Any person who receives payment for furnishing a good or a service under the program, which the person is not entitled to receive by reason of offenses under §§ 22-45-2 to 22-45-6 , inclusive, may in addition to any other penalties provided by law, be liable for civil penalties o…
SDCL § 22-45-8 Suspension or exclusion from participation as provider of person convicted of committing offense
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Any person providing a good or a service under the program who has been determined to have committed an offense under §§ 22-45-2 to 22-45-7 , inclusive, may be suspended or excluded from participation as a provider or an employee of a provider for a period to be determined by the…
SDCL § 22-45-9 Access to records by attorney general, state medicaid control unit, and grand jury
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The attorney general and the state medicaid fraud control unit, upon reasonable request, and the grand jury, upon subpoena therefore, shall have full access to all records held by a provider or by any other person on his behalf, which could be relevant in any manner to the determ…
Definition of terms
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Terms used in this chapter mean: (1) "Adult with a disability," a person eighteen years of age or older who has a condition of intellectual disability, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that th…
SDCL § 22-46-1.1 Neglect--Exclusions from definition
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For the purposes of this chapter, the term, neglect, does not include a decision that is made to not seek medical care for an elder or disabled adult upon the expressed desire of the elder or disabled adult; a decision to not seek medical care for an elder or disabled adult based…
SDCL § 22-46-10 Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult--Violation as misdemeanor
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Any staff member of a nursing facility, assisted living facility, adult day care center, or community support provider, or any residential care giver, individual providing homemaker services, victim advocate, or hospital personnel engaged in the admission, examination, care, or t…
SDCL § 22-46-11 Voluntary reporting of abuse, neglect, or exploitation
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Any person who knows or has reason to suspect that an elder or adult with a disability has been abused, neglected, or exploited as defined in §§ 22-46-1 to 22-46-3 , inclusive, may report that information, regardless of whether that person is one of the mandatory reporters listed…
SDCL § 22-46-12 Information provided by report of abuse, neglect, or exploitation
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The person making a report as required by § 22-46-9 and as permitted by § 22-46-11 shall provide, or a proper agency receiving the report shall acquire, to the extent possible, the following information: (1) The name, age, physical address, and contact information of the elder or…
SDCL § 22-46-13 Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees
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A court may find that an elder or adult with a disability has been exploited as defined in § 22-46-1 or
SDCL § 22-46-14 Additional penalties against perpetrator for exploitation
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In addition to the damages prescribed in § 22-46-13 , the court may impose the following penalties: (1) Revoke, in whole or in part, any revocable: (a) Provision by the elder or adult with a disability that is contained in a governing instrument that confers a general or nongener…