South Dakota Indecent Exposure Laws

Most states have indecent exposure laws that make it a crime to intentionally display one's genitals in public under circumstances that are likely to alarm or offend others. This article briefly outlines South Dakota's indecent exposure laws.

Code Section

South Dakota Code section 22-24-1.2: Indecent Exposure

What's Prohibited?

With the intent to arouse or gratify the sexual desire of any person, the offender exposes his or her genitals in a public place (or in the view of a public place) under circumstances that the offender knows is likely to annoy, offend, or alarm another person.

Penalties

Indecent exposure is a Class 1 misdemeanor.

However, if the offender was previously convicted of rape, sexual contact with a child under 16, or possessing, manufacturing or distributing child pornography, then the indecent exposure offense is classified as a Class 6 felony.

Any person convicted of a third or subsequent indecent exposure violation is guilty of a Class 6 felony.

Code Section

South Dakota Code section 22-24-1.3: Indecent Exposure Involving a Child

What's Prohibited?

Any person who is 18 years old or older, with the intent to arouse or gratify the sexual desire of any person, intentionally exposes his or her genitals to a child who is 13 years old or younger.

Penalties

Indecent exposure involving a child is a Class 6 felony.

A second or subsequent conviction for indecent exposure involving a child is classified as a Class 5 felony.

Public Indecency and Private Indecent Exposure

In South Dakota, there are also laws that prohibit public indecency and private indecent exposure.

Public indecency: Under circumstances in which a person knows that his or her conduct is likely to annoy, offend, or alarm some other person, it is illegal to expose his or her anus or genitals in a public place where another may be present who will be annoyed, offended, or alarmed by the person's act. Public indecency is a Class 2 misdemeanor.

Private indecent exposure: A person commits the crime of private indecent exposure if:

  • The person exposes the genitals of a person with the intent to arouse or gratify the sexual desire of the person or another person
  • The person is in a place where another person has a reasonable expectation of privacy
  • The person is in view of the other person
  • The exposure reasonably would be expected to annoy, offend, or alarm the other person, and
  • The person knows hat the other person didn't consent to the exposure

Private indecent exposure is a Class 1 misdemeanor. This crime doesn't apply to a person who commits the act described above if the person cohabits with or is involved in a sexually intimate relationship with the other person.

Additional Resources

State laws change frequently. For case specific information regarding South Dakota's indecent exposure laws contact a local criminal defense lawyer.

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