(A) Definitions. The words and phrases defined in this section, shall, when used in this section, have the meanings respectively ascribed to them in such section, except in those instances where the context clearly indicates a different meaning:
ELECTRONIC WIRELESS COMMUNICATION DEVICE. A mobile communication device that uses short-wave analog or digital radio transmissions or satellite transmissions between the device and a transmitter to permit wireless telephone communications to and from the user of the device within a specified area;
VOICE OPERATED OR HANDS FREE TECHNOLOGY. Technology that allows a user to write, send, or listen to a text-based communication without the use of either hand except to activate, deactivate, or initiate a feature or function; and
WRITE, SEND, OR READ A TEXT-BASED COMMUNICATION. Using an electronic wireless communications device to manually communicate with any person using text-based communication including communications referred to as a text message, instant message or electronic mail.
(SDCL § 32-26-46)
(B) Use of handheld electronic wireless communication device for text-based communication on highway
(1) Prohibited; violation as petty offense. No person may operate a motor vehicle on a highway while using a handheld electronic wireless communication device to write, send or read a text-based communication.
(2) Exceptions. This section does not apply to a person who is using a handheld electronic wireless communication device:
(a) While the vehicle is lawfully parked;
(b) To contact any emergency public safety answering point or dispatch center;
(c) To write, read, select, or enter a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call; or
(d) When using voice operated or hands free technology.
(C) Penalty. A violation of this section is a petty offense with a fine of $100.
(SDCL § 32-26-47)