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Identification

Acceptable Identification
- South Dakota Codified Laws, § 12-18-6.1 (Voter ID Requirements)
- South Dakota Department of Public Safety – Driver Licensing
- In South Dakota, acceptable forms of identification vary depending on the purpose ( voting, driving, or accessing government services). Common acceptable IDs include:
  - State-Issued Photo Identification:
    - South Dakota Driver’s License.
    - South Dakota Non-Driver Identification Card.
  - Federal Identification:
    - U.S. Passport.
    - U.S. Military ID.
    - Tribal ID (issued by a federally recognized tribe).
  - Other IDs for Specific Purposes:
    - For voting, South Dakota accepts a driver’s license, non-driver ID, passport, tribal ID, or student ID from a South Dakota high school or college.
Acceptable Digital Identification
- South Dakota Department of Public Safety
- South Dakota Codified Laws
- South Dakota does not currently issue or officially recognize state-sponsored digital identification (digital driver’s licenses or digital state IDs). Digital IDs may be accepted in limited contexts, such as:
  - Using digital insurance cards for proof of insurance during traffic stops.
  - Airline boarding passes or other digital credentials in private contexts.
  - Digital driver’s licenses are not yet issued or authorized for use by the South Dakota Department of Public Safety.
What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
- South Dakota Department of Public Safety – Driver Licensing
- REAL ID Act Compliance Requirements
- To obtain a South Dakota state-issued ID or driver’s license, you must meet the following requirements:
  - Proof of Identity:
    - U.S. Birth Certificate (certified copy).
    - Valid, unexpired U.S. Passport.
    - Certificate of Naturalization or Certificate of Citizenship (for naturalized citizens).
  - Proof of Social Security Number:
    - Social Security Card.
    - W-2 Form or Pay Stub with your Social Security Number.
  - Proof of Residency in South Dakota:
    - Utility bill, lease agreement, or bank statement showing a South Dakota address.
  - Non-Citizens:
    - Lawful permanent residents and certain visa holders must provide immigration documents (I-551 Green Card, I-94 Arrival/Departure Record).
  - Age Requirement:
    - Must be at least 14 years old to apply for a state ID.
    - As of now, South Dakota does not issue digital IDs, so there are no specific requirements for acquiring them.
What types of identification are accepted for non-citizen or foreign nationals in this state?
- South Dakota Department of Public Safety – Non-Citizen Licensing Requirements
- REAL ID Act Compliance Requirements
- South Dakota allows non-citizens and foreign nationals to obtain certain types of identification, provided they can prove lawful presence in the United States. Acceptable identification for non-citizens includes:
  - Passport with Visa: A valid, unexpired foreign passport with a U.S. visa and I-94 Arrival/Departure Record.
  - Permanent Resident Card (Green Card): Lawful permanent residents can use their Green Card as proof of identity.
  - Employment Authorization Document (EAD): Non-citizens with work authorization can use their EAD as proof of identity.
  - International Driver’s License: While South Dakota does not issue international driver’s licenses, foreign nationals may use one in conjunction with their passport for temporary driving privileges.
Can undocumented individuals obtain a state ID or Drivers license in this state?
- South Dakota Department of Public Safety – Licensing Requirements
- No, undocumented individuals cannot obtain a state ID or driver’s license in South Dakota. The state requires proof of lawful presence in the United States, such as:
  - A Green Card.
  - A valid visa with supporting documentation.
  - Employment Authorization Document (EAD).
- South Dakota is not one of the states that issue driver’s licenses or IDs to undocumented individuals.
What privacy protections are in place for Digital Id’s in this state?
- South Dakota Codified Laws, § 22-40-19 (Data Breach Notification)
- As of now, South Dakota does not issue digital IDs, so there are no specific privacy protections in place for state-sponsored digital identification. General privacy laws may apply, including:
  - South Dakota Codified Laws on Data Breaches:
    South Dakota requires organizations to notify individuals if their personal information is compromised in a data breach. This could apply to any future digital ID systems.
- Can Digital IDs be legally used for law enforcement verification?
  - Since South Dakota does not currently issue digital IDs, they are not officially recognized for law enforcement verification. Physical IDs (driver’s licenses, state IDs) must be presented when required by law enforcement (during traffic stops).
  - Digital proof of insurance is accepted during traffic stops, which indicates a limited acceptance of digital credentials.

Alcohol

Age permitted to Access Alcohol Retailers and Venues (How old do you have to be to enter a bar? Include Federal Law and State Law)
- National Minimum Drinking Age Act of 1984
- South Dakota Codified Laws, § 35-9-2
- Federal Law:
  - The National Minimum Drinking Age Act of 1984 requires states to set the minimum age to purchase or publicly possess alcohol at 21 years old. States that fail to comply face a reduction in federal highway funding. Federal law does not regulate access to alcohol retailers or venues (bars, restaurants) directly; this is left to state law.
- South Dakota State Law:
  - In South Dakota, individuals must generally be 21 years old to enter a bar or venue where alcohol is sold or served, unless:
    - The establishment allows minors and does not primarily serve alcohol (restaurants that serve alcohol).
    - The minor is accompanied by a parent or legal guardian.
Age permitted to consume Alcohol
- South Dakota Codified Laws, § 35-9-1.1
- In South Dakota, the legal drinking age is 21 years old.
  - Exceptions:
    - Minors may consume alcohol in private residences if provided by a parent, guardian, or spouse who is 21 years or older.
    - Alcohol consumption by minors is also permitted for religious ceremonies (communion).
Age permitted to serve Alcohol
- South Dakota Codified Laws, § 35-4-79
- The minimum age to serve alcohol in South Dakota is 18 years old, provided the person is working in a licensed establishment and under the supervision of someone who is 21 years or older.
Age permitted to purchase Alcohol
- South Dakota Codified Laws, § 35-9-2
- The legal age to purchase alcohol in South Dakota is 21 years old.
- It is illegal for anyone under 21 to attempt to purchase alcohol, even with a fake ID.
What is the consumable limit (if any)
- South Dakota Codified Laws, § 22-18-35 (Disorderly Conduct)
- South Dakota does not have a specific consumable limit for alcohol, but public intoxication and excessive consumption may result in legal consequences, such as disorderly conduct charges.
- For drivers, the legal Blood Alcohol Content (BAC) limit is 0.08%.
What is the purchase limit (if any)
- South Dakota Codified Laws, § 35-4-78
- South Dakota does not explicitly limit the quantity of alcohol an individual can purchase at one time. However:
  - Retailers may impose their own limits.
  - State law prohibits the sale of alcohol to visibly intoxicated individuals.
What is the legal BAC (Blood Alcohol Content) limit in this state?
- South Dakota Codified Laws, § 32-23-1
- The legal BAC limits in South Dakota are as follows:
  - 0.08%: For drivers aged 21 and older.
  - 0.02%: For drivers under 21 (zero-tolerance policy).
  - 0.04%: For commercial drivers.
- Driving under the influence (DUI) is a criminal offense, and penalties increase with higher BAC levels or repeat offenses.
Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
- South Dakota Codified Laws, § 35-9-1.1
- Yes, South Dakota law provides specific exceptions for minors consuming alcohol:
  - Private Residences: Minors may consume alcohol in a private residence if it is provided by a parent, guardian, or spouse who is 21 years or older.
  - Religious Ceremonies: Minors may consume alcohol as part of a religious ceremony (communion in a church).
What are the penalties for providing alcohol to minors at a private residence?
- South Dakota Codified Laws, § 35-9-1
- In South Dakota, providing alcohol to a minor is a Class 1 misdemeanor, punishable by:
  - Up to 1 year in jail.
  - A fine of up to $2,000.
- Exceptions:
  - Parents, guardians, or spouses who are 21 years or older may provide alcohol to minors in a private residence.
  - Providing alcohol to minors outside these exceptions (at a party) can result in criminal charges.

Tobacco

Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
- FDA Tobacco
- South Dakota Codified Laws, § 34-46-2
- Federal Law:
  - Under the FDA Tobacco Control Act, individuals must be 21 years old to purchase tobacco products in the United States.
  - This law also prohibits anyone under 21 years old from entering certain tobacco-related venues, such as cigar shops, smoke shops, or smoking lounges, unless they are accompanied by an adult.
- South Dakota State Law:
  - In South Dakota, individuals must be 21 years old to enter a tobacco retailer, cigar shop, or smoking lounge unless accompanied by a parent, guardian, or spouse who is 21 or older.
  - Retailers are required to verify the age of any individual attempting to enter or purchase tobacco products.
Age permitted to use Tobacco
- South Dakota Codified Laws, § 34-46-2
- The legal age to use tobacco products in South Dakota is 21 years old, consistent with federal law.
- It is illegal for anyone under 21 years old to possess or use tobacco products, including cigarettes, cigars, smokeless tobacco, and vaping products.
Age permitted to sell Tobacco
- South Dakota Codified Laws, § 34-46-6
- The minimum age to sell tobacco products in South Dakota is 18 years old, provided the individual is employed by a licensed retailer.
- Retailers must ensure that employees who sell tobacco products are properly trained to verify the age of customers.
Age permitted to purchase Tobacco
- FDA Tobacco
- South Dakota Codified Laws, § 34-46-2
- The legal age to purchase tobacco products in South Dakota is 21 years old, consistent with federal law.
- This includes all tobacco products such as cigarettes, cigars, smokeless tobacco, and electronic vaping devices.
What is the consumable limit (if any)
- South Dakota Codified Laws, § 34-46-14 (Smoke-Free Air Act)
- South Dakota does not specify a consumable limit for tobacco products. However:
  - Smoking is prohibited in most public places, workplaces, and enclosed areas under the South Dakota Smoke-Free Air Act.
  - Local ordinances may impose additional restrictions on tobacco use.
What is the purchase limit (if any)
- South Dakota Codified Laws, § 34-46-2
- South Dakota does not impose a specific purchase limit on tobacco products. However:
  - Retailers are prohibited from selling tobacco products to anyone under 21 years old.
  - Federal law prohibits the sale of large quantities of tobacco to individuals if it appears the products will be resold illegally.
Are vaping products regulated differently from traditional tobacco in this state?
- South Dakota Codified Laws, § 34-46-20
- FDA Tobacco
- Yes, vaping products are regulated differently in South Dakota but are still treated as “tobacco products” under state law.
- Key regulations include:
  - Age Restrictions: Individuals must be 21 years old to purchase or use vaping products.
  - Labeling and Packaging: Federal law requires vaping products to include health warnings and child-resistant packaging.
  - Taxes: Vaping products are subject to a different taxation structure than traditional tobacco products.
Are flavored vapes or disposable e-cigarettes banned?
- FDA Tobacco
- FDA Guidance on Flavored Tobacco Products
- South Dakota Codified Laws, § 34-46-2
- Federal Law:
  - The FDA prohibits the sale of flavored closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
  - Open-system devices (refillable tanks) and disposable e-cigarettes are not subject to the same flavor restrictions.
- South Dakota State Law:
  - South Dakota does not have a statewide ban on flavored vaping products or disposable e-cigarettes. Local governments may impose additional restrictions.

Cannabis

Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
- South Dakota Codified Laws, § 34-20G-1 (Medical Marijuana Program)
- Controlled Substances Act
- Federal Law:
  - Cannabis remains illegal under federal law as a Schedule I controlled substance under the Controlled Substances Act (CSA). Federal law does not regulate access to state-licensed dispensaries or cannabis-related venues because it prohibits cannabis entirely.
- South Dakota State Law:
  - South Dakota permits medical cannabis but does not currently allow recreational cannabis use or sales.
  - To access a licensed medical cannabis dispensary in South Dakota:
    - Individuals must be at least 18 years old and possess a valid medical cannabis card issued by the state.
    - Minors cannot directly access dispensaries but may have a designated caregiver (aged 21 or older) who can access dispensaries on their behalf.
    - Recreational cannabis dispensaries and smoke shops are not legal in South Dakota as of now.
Age permitted to use Cannabis
- South Dakota Codified Laws, § 34-20G-1
- In South Dakota, cannabis use is limited to individuals with a valid medical cannabis card.
- The minimum age to use medical cannabis is 18 years old, unless the individual is a minor with a qualifying medical condition and has a designated caregiver.
- Recreational cannabis use is illegal in South Dakota.
Age permitted to sell Cannabis
- South Dakota Codified Laws, § 34-20G-72
- Individuals must be at least 21 years old to work in a licensed medical cannabis dispensary and sell cannabis products.
- Employees must undergo training and comply with state regulations, including verifying the medical cannabis card of every purchaser.
Age permitted to purchase Cannabis
- South Dakota Codified Laws, § 34-20G-1
- The legal age to purchase medical cannabis in South Dakota is 18 years old, provided the individual has a valid medical cannabis card.
- Minors cannot purchase cannabis directly but may obtain it through a designated caregiver who is at least 21 years old.
What is the consumable limit (if any)
- South Dakota Codified Laws, § 34-20G-18
- South Dakota law imposes strict limits on the amount of cannabis a medical patient may possess or consume:
  - Medical cannabis cardholders may possess and consume up to 3 ounces of cannabis at any given time.
  - Patients are prohibited from consuming cannabis in public places, on school grounds, or while operating a motor vehicle.
What is the purchase limit (if any)
- South Dakota Codified Laws, § 34-20G-18
- Medical cannabis patients in South Dakota may purchase up to 3 ounces of cannabis within a 14-day period, as regulated by state law.
- Dispensaries are required to track sales to ensure patients do not exceed this limit.
Can minors obtain medical cannabis with a prescription?
- South Dakota Codified Laws, § 34-20G-12
- Yes, minors in South Dakota can obtain medical cannabis if they meet the following requirements:
  - The minor has a qualifying medical condition as defined by state law (chronic pain, epilepsy, cancer).
  - The minor’s parent or legal guardian serves as their designated caregiver and applies for the minor’s medical cannabis card on their behalf.
  - The designated caregiver must be at least 21 years old and is authorized to purchase, possess, and administer medical cannabis to the minor.

Adult Media

Age permitted to access Adult Content ONLINE
- Title 18 U.S.C. § 1470
- South Dakota Codified Laws, § 22-24-27
- Federal Law:
  - Federal law does not set a specific minimum age to access adult content online but prohibits the distribution of obscene materials to minors under 18 years old under Title 18, Section 1470 of the U.S. Code.
  - Websites hosting adult content are required to take measures to restrict access by minors, though enforcement mechanisms vary.
- South Dakota State Law:
  - South Dakota law prohibits the distribution of obscene material to minors under 18 years old, including online content.
  - The state follows federal guidelines for restricting access to adult content online but does not have specific laws requiring age verification mechanisms for websites.
Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
- South Dakota Codified Laws, § 22-24-27
- South Dakota Alcohol Beverage Laws, § 35-4-81
- In South Dakota, individuals must be at least 18 years old to enter adult retail stores (sex shops) or access adult-oriented materials.
- To enter adult entertainment venues such as strip clubs, the minimum age is 21 years old, as these venues typically serve alcohol and are regulated under South Dakota’s alcohol laws.
- Burlesque performances that do not involve nudity or sexually explicit conduct may have lower age restrictions, depending on local ordinances.
Are websites required to verify age for accessing adult content?
- Title 18 U.S.C. § 1470
- COPPA (15 U.S.C. § 6501)
- Federal law under Title 18 U.S. Code § 1470 prohibits the distribution of obscene materials to minors but does not explicitly require websites to verify the age of users.
- Under the Children’s Online Privacy Protection Act (COPPA), websites targeting children under 13 years old must implement safeguards to protect minors from accessing inappropriate content.
- South Dakota has no specific state law mandating age verification for accessing adult content online.
What penalties exist for providing minors access to adult material online?
- South Dakota Codified Laws, § 22-24-28
- Title 18 Section 1470
- Federal Law:
  - Under Title 18 U.S. Code § 1470, distributing obscene materials to minors (under 18 years old) is a federal crime.
  - Penalties include:
    - Fines of up to $250,000 for individuals or $500,000 for organizations.
    - Imprisonment for up to 10 years for individuals convicted of knowingly distributing obscene materials to minors.
- South Dakota State Law:
  - Distributing obscene materials to minors is a Class 6 felony under South Dakota law.
  - Penalties include:
    - Up to 2 years in prison.
    - Fines of up to $4,000.
What is the minimum age to work in the adult entertainment industry?
- Title 18 US Code 2557
- South Dakota Codified Laws, § 22-24-27
- Federal Law:
  - Federal law prohibits anyone under 18 years old from working in the adult entertainment industry or engaging in the production of sexually explicit material.
  - Employers are required to verify the age of all performers and employees in compliance with Title 18 U.S. Code § 2257.
- South Dakota State Law:
  - South Dakota follows federal law, and the minimum age to work in the adult entertainment industry is 18 years old.
  - For venues serving alcohol (strip clubs), employees must be 21 years old to serve alcohol or perform in areas where alcohol is consumed.
Are there restrictions on employment terms for adult content creators?
- Title 18 US Code 2557
  - Federal Law:
    - Under Title 18 U.S. Code § 2257, producers of sexually explicit content are required to:
      - Maintain detailed records verifying the age of all performers.
      - Ensure that all performers are at least 18 years old.
      - Display a compliance statement on all adult content produced.
      - Violations of these requirements can result in criminal penalties, including fines and imprisonment.
  - South Dakota State Law:
    - South Dakota does not have specific state laws regulating employment terms for adult content creators but defers to federal law for age verification and other compliance requirements.

Voting

Age permitted to register to vote in the state
- South Dakota Codified Laws, § 12-4-1
- National Voter Registration Act of 1993
- Federal Law:
  - Under the National Voter Registration Act of 1993 (NVRA), states must allow individuals to register to vote if they meet the age requirements for voting.
  - Federal law requires individuals to be at least 18 years old on or before Election Day to vote in federal elections. States may permit individuals to pre-register to vote if they are younger than 18, as long as they turn 18 by Election Day.
- South Dakota State Law:
  - In South Dakota, individuals may register to vote if they:
    - Are at least 18 years old on or before Election Day, or
    - Are 17 years old and will turn 18 years old on or before the next Election Day (pre-registration is permitted).
    - Voter registration closes 15 days prior to an election, as South Dakota does not allow same-day voter registration.
Age permitted to vote in the state
- South Dakota Codified Laws, § 12-3-1
- In South Dakota, individuals must be at least 18 years old on or before Election Day to vote in any election, including federal, state, and local elections.
What Identification requirements are needed to vote on a regular ballot
- South Dakota Codified Laws, § 12-18-6.1
- South Dakota law requires voters to present one of the following government-issued photo IDs to vote on a regular ballot:
  - A South Dakota driver’s license or nondriver ID card.
  - A U.S. passport.
  - A U.S. military ID.
  - A tribal photo ID issued by a tribal government.
  - A South Dakota student ID issued by a South Dakota high school or accredited college/university.
- If a voter does not have an acceptable photo ID, they may still vote by signing a personal identification affidavit under penalty of perjury.
What Identification requirements are needed to vote on a Provisional ballot
- South Dakota Codified Laws, § 12-18-40
- If a voter is unable to provide an acceptable photo ID or their eligibility to vote is questioned, they may cast a provisional ballot.
- To have their provisional ballot counted, the voter must provide acceptable identification to the county election official or resolve any eligibility issues before the official canvass of votes (typically within a few days after the election).
- Voters may also sign a personal identification affidavit when casting a provisional ballot if they cannot provide ID.
Voter Restrictions/ Requirements in place federally and within the state.
- Voting Rights Act of 1965
- Help America Vote (HAVA)
- South Dakota Codified Laws, § 12-4-18
- Federal Voter Restrictions/Requirements:
  - Help America Vote Act of 2002 (HAVA): Requires first-time voters who registered by mail to provide proof of identification, such as a utility bill, bank statement, or government-issued ID.
  - Felony Disenfranchisement: Federal law allows states to determine voting rights for individuals convicted of felonies.
- South Dakota Voter Restrictions/Requirements:
  - Residency Requirement: Voters must be residents of South Dakota and registered in the county where they intend to vote.
  - Felony Disenfranchisement: Individuals convicted of a felony in South Dakota lose their right to vote while incarcerated and during parole or probation. Voting rights are restored upon completion of their sentence, including parole or probation.
  - Mental Competency: Individuals declared mentally incompetent by a court are ineligible to vote.
  - Voter Registration Deadline: Voter registration closes 15 days prior to an election, and South Dakota does not permit same-day voter registration.

Legal

Laws on Presenting Identification to Law Enforcement
- Under what circumstances is a person required to show ID to police?
  - Terry v. Ohio, 392 US
  - South Dakota Codified Laws, § 32-12-39 (Traffic Stops)
  - Federal Law:
    - Terry v. Ohio, 392 U.S. 1 (1968): An officer may stop and briefly detain a person if they have reasonable suspicion that the person is involved in criminal activity.
    - During a Terry stop, the officer may ask for identification, but whether the person is legally required to provide it depends on state law.
  - South Dakota Law:
    - South Dakota does not have a “Stop and Identify” law. This means that individuals are generally not required to show ID unless:
      - They are driving a vehicle.
      - They are lawfully arrested or detained under reasonable suspicion of a crime.
Can you be detained or arrested for refusing to show ID?
- South Dakota Codified Laws, § 32-12-39
- In South Dakota, you cannot be arrested solely for refusing to show ID unless:
  - You are being lawfully detained under reasonable suspicion of a crime, AND
  - The officer has probable cause to arrest you for another offense (obstruction of justice).
  - If you are stopped while driving, failure to show ID (driver’s license) can result in a citation or arrest.
“Stop and Identify” Laws in this state
- What is this state’s specific laws regarding police stops and ID requirements?
  - South Dakota Codified Laws
  - South Dakota does not have a “Stop and Identify” law.
  - This means that outside of specific contexts (traffic stops or arrests), you are generally not required to provide identification simply because a police officer asks for it.
- Do you have the right to remain silent or refuse to provide ID in certain situations?
  - Fifth Amendment – US Constitution
  - South Dakota Codified Laws, § 32-12-39
  - Federal Law:
    - Under the Fifth Amendment of the U.S. Constitution, individuals have the right to remain silent and refuse to answer questions that may incriminate them.
    - However, this does not always extend to refusing to provide identification during lawful detentions (traffic stops).
  - South Dakota Law:
    - In South Dakota, you have the right to remain silent in most situations, but you must provide ID if you are:
      - Driving a vehicle.
      - Lawfully detained or arrested under reasonable suspicion of a crime.
Public Place ID Requirements
- South Dakota Codified Laws
- Are there any public areas where a person must carry ID?
  - There are no general laws in South Dakota requiring individuals to carry ID in public places.
  - Failing to provide identification when lawfully detained or suspected of a crime may result in further investigation or detention.
- Are there curfew or loitering laws requiring ID verification?
  - South Dakota allows local governments to establish curfew laws for minors.
  - If a minor is stopped for violating curfew, law enforcement may request ID or other proof of age.
  - Adults are generally not subject to curfew or loitering laws unless a specific local ordinance applies.
Traffic Stops and ID Requirements
- South Dakota Codified Laws, § 32-12-39
- Are you required to provide an ID when pulled over by law enforcement?
  - Yes. Under South Dakota law, drivers must provide a valid driver’s license when stopped by law enforcement.
  - Failure to provide a valid driver’s license can result in a citation or arrest.
- What are the consequences of refusing to show ID during a traffic stop?
  - Refusing to show ID during a traffic stop may result in:
    - A citation for driving without a license.
    - Potential arrest if the officer cannot verify your identity.
Passenger ID Requirements in Vehicles
- Terry v. Ohio, 392 US
- Do passengers need to show ID if a vehicle is stopped by law enforcement?
  - Passengers in a vehicle are not required to show ID unless:
    - They are suspected of committing a crime.
    - They are being arrested or lawfully detained.
- Can passengers legally refuse to provide ID?
  - Yes, unless there is reasonable suspicion that the passenger is involved in criminal activity.
  - Passengers have the right to remain silent and refuse to answer questions unless they are being detained.
Curfew Laws for Minors
- Are minors required to carry ID to prove their age if stopped past curfew?
  - Minors are not required to carry ID, but if stopped for violating curfew, law enforcement may ask for proof of age.
  - This could include questioning the minor or contacting their parents/guardians.
- What are the penalties for violating curfew laws?
  - Penalties for minors violating curfew laws may include:
    - A warning or citation.
    - Being taken into custody and released to a parent or guardian.
    - Fines or community service, depending on local ordinances.
Trespassing and ID Requirements
- South Dakota Codified Laws, § 22-35-6 (Trespassing)
- Can police demand ID if someone is suspected of trespassing?
  - Yes. If an officer has reasonable suspicion that someone is trespassing, they may detain the individual and request identification.
- What are the consequences of refusing to provide identification in such situations?
  - Refusing to provide identification when suspected of trespassing may result in:
    - Arrest for trespassing.
    - Additional charges, such as obstruction of justice, if the refusal hinders the officer’s investigation.