South Dakota Codified Laws 22-24-1.4. Private indecent exposure–Misdemeanor
A person commits the crime of private indecent exposure if:
(1) The person exposes the genitals of the person with the intent to arouse or gratify the sexual desire of the person or another person;
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 1 year | up to $2,00 |
Terms Used In South Dakota Codified Laws 22-24-1.4
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) The person is in a place where another person has a reasonable expectation of privacy;
(3) The person is in view of the other person;
(4) The exposure reasonably would be expected to annoy, offend, or alarm the other person; and
(5) The person knows that the other person did not consent to the exposure.
Private indecent exposure is a Class 1 misdemeanor.
This section does not apply to a person who commits the act described in this section if the person cohabits with or is involved in a sexually intimate relationship with the other person.
Source: SL 2009, ch 116, § 3.