53-24-107. Public intoxication not a criminal offense. (1) A person who appears to be intoxicated or incapacitated by alcohol in public commits no criminal offense solely by reason of being in such condition but may be detained by a peace officer for the person's own protection. A peace officer who detains a person who appears to be intoxicated or incapacitated by alcohol in public shall proceed in the manner as provided by 53-24-303.
     (2) If none of the alternatives in 53-24-303 are reasonably available, a peace officer may detain a person who appears to be intoxicated or incapacitated by alcohol in jail until the person is no longer creating a risk to himself or others.
     (3) A peace officer, acting within the scope of his authority under this chapter, shall not be personally liable for his actions.

     History: En. 80-2724 by Sec. 3, Ch. 403, L. 1975; R.C.M. 1947, 80-2724.