(A) Social host defined. For purposes of this section, the term, SOCIAL HOST, means anyone who hosts a social gathering and knowingly condones the illegal consumption of alcohol by underage persons on property that the host controls.
(SDCL § 35-9-13)
(B) Social host prohibited from permitting consumption of alcoholic beverages by person under age 18. No person, acting as a social host, may, knowingly, permit any person under the age of eighteen to illegally consume any alcoholic beverage, regardless of the source of the alcoholic beverage, on or at the premises of the person acting as social host.
(SDCL § 35-9-9)
(C) Social host prohibited from permitting consumption of alcoholic beverages by person age 18, 19, or 20. No person, acting as a social host, may, knowingly, permit any person aged eighteen, nineteen, or twenty to illegally consume any alcoholic beverage, regardless of the source of the alcoholic beverage, on or at the premises of the person acting as social host.
(SDCL § 35-9-10)
(D) Defense. It is a defense against a conviction for a violation of §§ 35-9-9 and 35-9-10 that, immediately upon learning of the illegal consumption, the social host or an agent of the social host took effective and appropriate action to stop the illegal consumption and to secure or to attempt to secure the contraband alcoholic beverages.
(SDCL § 35-9-11)
(E) Social host's lack of physical presence not a defense. It is not a defense of a violation of divisions (B) and (C) that the social host was not physically present on or at the premises if the social host knew that illegal consumption of alcoholic beverages would occur in his or her absence.
(SDCL § 35-9-12) Penalty, § 132.99