South Dakota Laws > Title 35 > Chapter 9 > § 35-9-12 South Dakota Codified Laws 35-9-12. Social host’s lack of physical presence not a defense Current as of: 2023 | Check for updates | Other versions It is not a defense of a violation of §§ 35-9-9 and 35-9-10 that the social host was not physically present on or at the premises if the social host knew that illegal consumption of alcoholic beverages would occur in his or her absence. Source: SL 2014, ch 177, § 4. Previous sectionNext section Chapter 9 Contents