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S.D. Codified Laws § 24-2-14

Prohibited articles for inmates--Exception--Penalty

Applied in 3 court decisions — leading case State v. Beck (1996)

Most recently applied in Davis v. Weber (December 2013)

Source: SDC 1939, § 13.4720; SL 1981, ch 193, § 8; SL 1985, ch 192, § 51; SL 1987, ch 183; SL 1989, ch 20, § 93; SL 2001, ch 127, § 2; SL 2004, ch 168, § 7; SL 2017, ch 171, § 5…

How often courts cite this section

199520002010201310
citing decisions per year

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.

Possession of the following articles by an inmate of a state correctional facility, unless directly issued by the Department of Corrections and used in accordance with the department's policies and procedures, is a felony pursuant to the following schedule:

(1) Possession of any alcoholic beverage or marijuana is a Class 6 felony;

(2) Possession of a cell phone or any other electronic communication device prohibited by Department of Corrections policy is a Class 4 felony;

(3) Possession of any prescription or nonprescription drug or controlled substance, as defined by chapter 34-20B, except by written order for a definite period from a physician, physician assistant, or certified nurse practitioner, as defined in chapters 36-4, 36-4A, and 36-9A, is a Class 4 felony;

(4) Possession of a dangerous weapon as defined by § 22-1-2 is a Class 2 felony; and

(5) Possession of any article, not proscribed by this section, that is not provided by or authorized by the facility in any form, is a Class 6 felony.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.