A person commits the crime of indecent exposure if, with the intent to arouse or gratify the sexual desire of any person, the person exposes his or her genitals in a public place, or in the view of a public place, under circumstances in which that person knows that person's conduct is likely to annoy, offend, or alarm another person. A violation of this section is a Class 1 misdemeanor. However, if the person has been previously convicted of a felony violation of § 22-22-1, 22-22-7, or §§ 22-24A-35 to 22-24A-37, inclusive, that person is guilty of a Class 6 felony. Any person convicted of a third or subsequent violation of this section is guilty of a Class 6 felony.
S.D. Codified Laws § 22-24-1.2
Indecent exposure--Misdemeanor or felony
Applied in 2 court decisions — leading case State v. Plenty Horse (2007)
Most recently applied in State v. Moss (July 2008)
Source: SL 1998, ch 136, § 3; SL 2005, ch 120, § 299; SL 2009, ch 116, § 2; SL 2024, ch 87, § 11.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.