Reckless discharge of firearm or shooting of bow and arrow--Leaving trip device--Possession of loaded firearm while intoxicated--Misdemeanor
Applied in 5 court decisions — leading case Conaty v. Solem (1988)
Most recently applied in Schocker v. Fluke (October 2024)
Source: SL 1976, ch 158, § 14-3; SL 2005, ch 120, § 245.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Any person who:
(1) Recklessly discharges a firearm or recklessly shoots a bow and arrow;
(2) Sets a device designed to activate a weapon upon being tripped or approached, and leaves the device unmarked or unattended by a competent person; or
(3) Has in personal possession a loaded firearm while intoxicated;
is guilty of a Class 1 misdemeanor.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.