{"id":376324,"date":"2016-04-11T01:23:54","date_gmt":"2016-04-11T06:23:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-indecent-exposure-laws.html"},"modified":"2016-06-20T19:51:23","modified_gmt":"2016-06-21T00:51:23","slug":"south-dakota-indecent-exposure-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-indecent-exposure-laws.html","title":{"rendered":"South Dakota Indecent Exposure Laws"},"content":{"rendered":"\n
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South Dakota Indecent Exposure Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most states have indecent exposure<\/a> 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.<\/p>\n\n

Code Section <\/b><\/p>\n<\/td>\n

South Dakota Code section 22-24-1.2: Indecent Exposure<\/b><\/td>\n<\/tr>

What’s Prohibited? <\/b><\/p>\n<\/td>\n

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.<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

Indecent exposure is a Class 1 misdemeanor.<\/p>\n

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.<\/p>\n

Any person convicted of a third or subsequent indecent exposure violation is guilty of a Class 6 felony.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n\n

Code Section <\/b><\/p>\n<\/td>\n

South Dakota Code section 22-24-1.3: Indecent Exposure Involving a Child<\/b><\/td>\n<\/tr>

What’s Prohibited? <\/b><\/p>\n<\/td>\n

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.<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

Indecent exposure involving a child is a Class 6 felony.<\/p>\n

A second or subsequent conviction for indecent exposure involving a child is classified as a Class 5 felony.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Public Indecency and Private Indecent Exposure<\/h2>\n

In South Dakota, there are also laws that prohibit public indecency and private indecent exposure.<\/p>\n

Public indecency<\/u>: 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.<\/p>\n

Private indecent exposure<\/u>: A person commits the crime of private indecent exposure if:<\/p>\n