Booster seat requirements in South Dakota
A car seat or booster until age 5.
Unless the child weighs at least 40 lb, which ends the requirement whatever their age.
- Seat belt alone from
- age 5
- First offense
- $25
Every figure on this page was read at SDCL §§ 32-37-1, 32-37-1.1 on 4 October 2026. Read the statute
What the South Dakota booster seat law says
The stages below are separate rules in the statute, not one rule in steps.
| Rule | Figure | What South Dakota requires |
|---|---|---|
| Car seat or booster | under 5 years | Until age 5, unless the child weighs at least 40 lb. |
| Adult seat belt alone | from 5 years | Lawful from age 5, or once the child reaches 40 lb. |
| Penalty | $25 | $25 for a first offense. Condition A violation is a petty offense. Under 22-6-7 a petty offense action is a civil proceeding governed by chapter 23-1A, and under 23-1A-22 a prevailing plaintiff is granted a judgment of twenty-five dollars, which the trial court may reduce or eliminate in the interest of justice. |
Size ends the requirement, whichever comes first. A child who weighs at least 40 lb is out of the booster in South Dakota whatever their age. A child who has not reached that stays in one until age 5. The size is an escape from the age rule rather than a second thing that also has to be true.
Where this and size guidance disagree, follow the stricter one. A belt that crosses the neck rather than the middle of the chest is worse protection than a booster even where the statute allows it.
The statute
South Dakota sets this in SDCL §§ 32-37-1, 32-37-1.1. Read it at the source.
This is information, not legal advice. A city or county in South Dakota can set a stricter rule than the state one, and an officer enforces the text of the statute rather than a summary of it. Where this page and the statute differ, the statute is right and this page is a bug.
Where this comes from
- Statute
- SDCL §§ 32-37-1, 32-37-1.1
- Source
- sdlegislature.gov
- Jurisdiction
- South Dakota (SD), state law only
- Last reviewed
- 4 October 2026 0 days ago
- Read at the statute
- 4 October 2026
- Signed off by a person
- Not yet
- Amendment history
- 32-37-1 last amended SL 1998, ch 199, § 1. 32-37-1.1 added SL 2001, ch 179, § 1. Nothing in chapter 32-37 has been touched since 2001.