No person may be arrested or prosecuted for any misdemeanor offense of underage consumption, open container, or public intoxication, arising out of underage consumption of alcohol if that person contacts any law enforcement or emergency medical services and reports that a person is in need of emergency medical assistance due to alcohol consumption and that person:

(1) Assists the person in need of emergency medical assistance until assistance arrives; and

Terms Used In South Dakota Codified Laws 35-9-2.4

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Remains and cooperates with medical assistance and law enforcement personnel on the scene.

Source: SL 2016, ch 191, § 1.