No lottery ticket may be sold to any person under the age of eighteen years. Any lottery retailer, employee of a lottery retailer, or any other person who knowingly sells or offers to sell a lottery ticket to any person who is under the age of eighteen years is guilty of a Class 1 misdemeanor on the first offense and a Class 6 felony on the second or subsequent offense. A lottery ticket may be given as a gift to a person under the age of eighteen years. Any prize won by a person under the age of eighteen years from a ticket given as a gift shall be paid to such person’s parent or legal guardian.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 6 felonyup to 2 yearsup to $4,000
Class 1 misdemeanorup to 1 yearup to $2,00
For details, see § 22-6-1 and § 22-6-2

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Terms Used In South Dakota Codified Laws 42-7A-32

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 1987, ch 313, § 36.