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 Indecent Exposure Laws
- Indecent exposure concerns: Is it Legal to Breastfeed in Public?
- Is Public Nudity Legal? 3 Factors to Consider
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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