South Dakota criminal charge
Unauthorized ingestion of controlled drug or substance in South Dakota
Unauthorized ingestion of controlled drug or substance is a criminal offense under South Dakota law, defined by SDCL § 22-42-5.1. Its classification is not fixed: South Dakota assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by SDCL § 22-42-5.1.
What is the penalty for unauthorized ingestion of controlled drug or substance in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (First violation — Applies to a first violation of the section.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (First violation — Applies to a first violation of the section.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 1 year (Second violation — Applies to a second violation of the section.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Second violation — Applies to a second violation of the section.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 2 years (Third or subsequent violation within ten years — Applies when a person commits a third or subsequent violation within ten years of their first conviction.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Third or subsequent violation within ten years — Applies when a person commits a third or subsequent violation within ten years of their first conviction.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 5 years (Violation by inmate in state correctional facility — Applies when the violation is committed by an inmate confined in a state correctional facility.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $10,000 (Violation by inmate in state correctional facility — Applies when the violation is committed by an inmate confined in a state correctional facility.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 5 years (Violation by person under parole supervision — Applies when the violation is committed by a person who is under parole supervision.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $10,000 (Violation by person under parole supervision — Applies when the violation is committed by a person who is under parole supervision.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is unauthorized ingestion of controlled drug or substance classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First violation | Class 1 Misdemeanor | Applies to a first violation of the section. | SDCL § 22-42-5.1undefined |
| Second violation | Class 1 Misdemeanor | Applies to a second violation of the section. | SDCL § 22-42-5.1undefined |
| Third or subsequent violation within ten years | Class 6 Felony | Applies when a person commits a third or subsequent violation within ten years of their first conviction. | SDCL § 22-42-5.1undefined |
| Violation by inmate in state correctional facility | Class 5 Felony | Applies when the violation is committed by an inmate confined in a state correctional facility. | SDCL § 22-42-5.1undefined |
| Violation by person under parole supervision | Class 5 Felony | Applies when the violation is committed by a person who is under parole supervision. | SDCL § 22-42-5.1undefined |
Common questions about unauthorized ingestion of controlled drug or substance in South Dakota
Is unauthorized ingestion of controlled drug or substance a felony or a misdemeanor in South Dakota?
It depends on the circumstances: unauthorized ingestion of controlled drug or substance ranges from a Class 1 Misdemeanor to a Class 5 Felony in South Dakota under SDCL § 22-42-5.1.
First violation: Class 1 Misdemeanor (SDCL § 22-42-5.1) · Second violation: Class 1 Misdemeanor (SDCL § 22-42-5.1) · Third or subsequent violation within ten years: Class 6 Felony (SDCL § 22-42-5.1) · Violation by inmate in state correctional facility: Class 5 Felony (SDCL § 22-42-5.1) · Violation by person under parole supervision: Class 5 Felony (SDCL § 22-42-5.1)
What are the penalties for unauthorized ingestion of controlled drug or substance in South Dakota?
Which South Dakota statute covers unauthorized ingestion of controlled drug or substance?
Unauthorized ingestion of controlled drug or substance is governed by SDCL § 22-42-5.1 (Unauthorized ingestion of controlled drug or substance--Penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.