CHAPTER 117

(HB 1091)

Intoxicating substances,
venue for crime of ingesting certain substances revised.

         ENTITLED, An Act to  revise certain provisions regarding jurisdiction for certain offenses involving intoxicating substances.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 22-42-15 be amended to read as follows:

     22-42-15.   Any person who intentionally ingests, inhales, breathes, or otherwise takes into the body any substance, except alcoholic beverages as defined in §   35-1-1, for purposes of becoming intoxicated, unless such substance is prescribed by a practitioner of the medical arts lawfully practicing within the scope of their the practitioner's practice, is guilty of a Class 1 misdemeanor. The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused.

     Signed February 16, 2001.

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