By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 23, 2023
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Most of us are well aware that nonconsensual sexual activities are against the law. Rape and sexual assault are illegal, but could you get in trouble for consensual sexual activity? Does “flashing" your friends constitute indecent exposure? While "flashing" your friends is still not necessarily consensual, it might still be illegal under indecent exposure laws. And what about anti-sodomy laws?
Continue reading for a summary of laws that relate to certain still-illegal consensual sexual activities in South Dakota.
The most important case to date concerning anti-sodomy laws is Lawrence v. Texas.
In 2003 the U.S. Supreme Court heard Lawrence v. Texas. In that case, a man challenged his conviction in Texas for having sex with another man in the privacy of his own home, which violated a state anti-sodomy law. However, the U.S. Supreme Court ruled that law unconstitutional and unenforceable. In the wake of that decision by the U.S. Supreme Court, all anti-sodomy laws, as they apply to consenting adults, became unconstitutional and unenforceable. However, many are still on the books.
In 1976, private adult consensual and non-commercial acts of sodomy were legalized.
The following table lists the main provisions of South Dakota's prohibited consensual sexual activity laws, while additional background information follows. See FindLaw's Sex Crimes section for more information.
Sodomy Laws |
Not Applicable |
|---|---|
HIV Exposure and Compelled Testing for Offenders |
23A-35B-3.1 -- Victim or law enforcement officer, where exchange of body fluids has taken place, may petition a court to order HIV testing of a defendant. Under 22-18-31, which pertains to intentional exposure to HIV, such intentional exposure is treated as a Class 3 felony. Under 23A-35B-8, HIV testing is mandatory for persons convicted of prostitution or solicitation of prostitution. |
Age of consent |
Class 3 felony. In South Dakota, the age of consent is 16. Any person, sixteen years of age or older, who engages in sexual contact with another person, excluding their spouse, knowing that that person is younger than sixteen years of age, is guilty of a Class 3 felony. If the victim is at least thirteen years old and the offender is less than five years older than the victim, the offender is guilty of a Class 1 misdemeanor. |
|
Class 1 misdemeanor. A person who is eighteen years of age or older, who engages in or offers to engage in sexual activity in exchange for compensation, is guilty of prostitution. |
22-23-2 -Promoting Prostitution |
Class 5 felony. Any person who encourages or forces another person to become a prostitute or continue to be a prostitute is guilty of a Class 5 felony. Any person who promotes prostituting a minor is also guilty of such a felony. Any person that promotes the prostitution of their spouse, child, ward, or other dependent is guilty of the same variety of felony. |
2-23-8 - Pimping --Permitting prostitution on premises |
Class 6 felony. All of the following qualify as pimping:
|
22-24-1.2 --Indecent Exposure |
Class 1 misdemeanor |
Note: State criminal laws are constantly changing. Contact a South Dakota sex crimes attorney or conduct your own legal research to verify the state law(s) you are researching.
Consider reviewing the following resources for more information about all South Dakota laws, including those related to prohibitions on certain sexual activities:
Consider reviewing the following resources for more information related to prohibitions on certain sexual activities in South Dakota:
If you've been charged with any crime related to any sexual activity, it can be stressful to handle the legal fallout. Consider speaking with a qualified criminal defense attorney near you. They can help you navigate any difficult legal issue and will defend you.
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