SOUTH DAKOTA

§ 22-24-1.1. (Text of section effective until July 1, 2006)
Public indecency as misdemeanor. A person commits the crime of public indecency if the person, with an immoral purpose, exposes his or her anus or genitals in a public place where another may be present who will be offended or alarmed by the person's act. A violation of this section is a Class 2 misdemeanor.

§ 22-24-1.1. (Text of section effective July 1, 2006)
Public indecency--Misdemeanor. A person commits the crime of public indecency if the person, under circumstances in which that person knows that his or her conduct is likely to annoy, offend, or alarm some other person, exposes 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. A violation of this section is a Class 2 misdemeanor.

Source: SL 1998, ch 136, § 2; SL 2005, ch 120, § 298.
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§ 22-24-1.2. (Text of section effective until July 1, 2006)
Indecent exposure - Definition - Penalty. 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 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 such person has been previously convicted of a felony violation of § 22-22-1 [rape], 22-22-7 [sexual contact with a child], 22-22-19.1 [incest], or 22-22-23 [photographing a child in an obscene act], that person is guilty of a Class 6 felony. Any person convicted of a third or subsequent violation of either this section or of former § 22-24-1 [previous indecent exposure law, repealed in 1998] is guilty of a Class 6 felony.

§ 22-24-1.2. (Text of section effective July 1, 2006)
Indecent exposure--Penalty. 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 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 such person has been previously convicted of a felony violation of § 22-22-1 [rape], 22-22-7 [sexual contact with a child], 22-22-19.1 [incest], or 22-22-24.2 [possessing, manufacturing or distributing child pornography], 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.

Source: SL 1998, ch 136, § 3; SL 2005, ch 120, § 299.
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§ 22-24-1.3.   (Text of section effective until July 1, 2006)
Aggravated Indecent exposure - Definition - Penalty. If any person, eighteen years of age or older, exposes his or her genitals in a public place under circumstances in which that person knows that his or her conduct is likely to annoy, offend, or alarm some other person, and that conduct is viewed by and does, in fact, annoy, offend, or alarm any child, thirteen years of age or younger, that person is guilty of the crime of aggravated indecent exposure. Aggravated indecent exposure is a Class 1 misdemeanor. A second or subsequent conviction for aggravated indecent exposure is a Class 6 felony.

§ 22-24-1.3.   (Text of section effective July 1, 2006)
Indecent exposure involving a child--Penalty. If any person, eighteen years of age or older, with the intent to arouse or gratify the sexual desire of any person, exposes his or her genitals under circumstances in which that person knows that his or her conduct is likely to annoy, offend, or alarm some child, thirteen years of age or younger, that person is guilty of the crime of indecent exposure involving a child. Indecent exposure involving a child is a Class 6 felony. A second or subsequent conviction for indecent exposure involving a child is a Class 5 felony.

Source: SL 2002, ch 111, § 1; SL 2005, ch 120, § 300.
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§ 22-24-27. (Text of section effective until July 1, 2006) Definition of terms. Terms used in § § 22-24-25 to 22-24-37, inclusive, mean:

(1) "Contemporary community standard," the contemporary community standard of the state in which the question of obscenity is to be tested, by the average person, of the state;

(2) "Distributed," to transfer possession of, whether with or without consideration;

(3) "Exhibit," to show or display;

(4) "Harmful to minors," includes in its meaning the quality of any material or of any performance or of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when it:

(a) Predominantly appeals to the prurient, shameful, or morbid interest of minors; and

(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(c) Is without serious literary, artistic, political, or scientific value;

(5) "Magistrate," a judge of the circuit court or magistrate;

(6) "Material," anything tangible which is harmful to minors, whether derived through the medium of reading, observation, or sound;

(7) "Matter" or "material," any book, magazine, newspaper, or other printed or written material; or any picture, drawing, photograph, motion picture, or other pictorial representation; or any statue or other figure; or recording, transcription or mechanical, chemical, or electrical reproduction; or any other articles, equipment, machines, or materials;

(8) "Minor," any person less than eighteen years of age;

(9) "Nudity," within the meaning of subdivision (4) of this section, the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering or any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state;

(10) "Obscene live conduct," any physical human body activity, whether performed or engaged in alone or with other persons, including singing, speaking, dancing, acting, simulation, or pantomiming, where:

(a) The dominant theme of such conduct, taken as a whole, appeals to a prurient interest;

(b) The conduct is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and

(c) The conduct is without serious literary, artistic, political, or scientific value.

In prosecutions under § § 22-24-27 to 22-24-37, inclusive, if circumstances of production, presentation, advertising, or exhibition indicate that live conduct is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence is probative with respect to the nature of the conduct;

(11) "Obscene material," material:

(a) The dominant theme of which, taken as a whole, appeals to the prurient interest;

(b) Which is patently offensive because it affronts contemporary community standards relating to the description or representation of sado-masochistic abuse or sexual conduct; and

(c) Lacks serious literary, artistic, political, or scientific value.

In prosecutions under § § 22-24-27 to 22-24-37, inclusive, if circumstances of production, presentation, sale, dissemination, or publicity indicate that the matter is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter;

(12) "Prurient interest," a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters. If it appears from the character of the material or the circumstances of its dissemination that the subject matter is designed for a specially susceptible audience or clearly defined deviant sexual group, the appeal of the subject matter shall be judged with reference to such audience or group;

(13) "Sado-masochistic abuse," flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one who is nude or so clothed;

(14) "Sexual conduct," within the meaning of subdivision (4) of this section, any act of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or if such person be a female, the breast;

(15) "Sexual excitement," the condition of human male or female genitals when in a state of sexual stimulation or arousal.

Source: SL 1968, ch 29, § 1; SDCL Supp, § 22-24-11; SL 1974, ch 165, § 1; SL 1976, ch 158, §§ 24-3 to 24-5; SL 1994, ch 167, § 3; SL 2005, ch 120, § 303.

§ 22-24-55. (Text of section effective until July 1, 2006)
Public schools to restrict access to obscene materials on public access computers. Any public school that provides a public access computer shall do one or both of the following:

(1) Equip the computer with software that will limit minors' ability to gain access to obscene materials or purchase internet connectivity from an internet service provider that provides filter services to limit access to obscene materials;

(2) Develop and implement by January 1, 2001, a local policy that establishes measures to restrict minors from computer access to obscene materials.

§ 22-24-55. (Text of section effective until July 1, 2006)
Public schools to restrict access to obscene materials on public access computers. Any public school that provides a public access computer shall do one or both of the following:
             (1)     Equip the computer with software that will limit minors' ability to gain access to obscene materials or purchase internet connectivity from an internet service provider that provides filter services to limit access to obscene materials;
             (2)     Develop and implement, by January 1, 2001, a local policy that establishes measures to restrict minors from computer access to obscene materials.

§ 22-24-55. (Text of section effective July 1, 2006)
Public schools to restrict access to obscene materials on public access computers. Any public school that provides a public access computer shall do one or both of the following:
             (1)     Equip the computer with software that will limit minors' ability to gain access to obscene materials or purchase internet connectivity from an internet service provider that provides filter services to limit access to obscene materials; or
             (2)     Develop and implement, by January 1, 2001, a local policy that establishes measures to restrict minors from computer access to obscene materials.

Source: SL 1999, ch 76, § 1; SL 2005, ch 120, § 312.

§ 22-24-56. Public libraries to restrict access to obscene materials on public access computers. Any public library that provides a public access computer shall develop and implement, by January 1, 2001, a local policy that establishes measures to restrict minors from computer access to obscene materials.

Source: SL 1999, ch 76, § 1; SL 2005, ch 120, § 312. Source: SL 1999, ch 76, § 2.

§ 22-24-58. (Text of section effective until July 1, 2006)
"Obscene material" defined. For the purposes of § § 22-24-55 to 22-24-59, obscene material is defined pursuant to subdivision 22-24-27(11).

§ 22-24-58. (Text of section effective July 1, 2006)
"Obscene material" defined. For the purposes of §§ 22-24- 55 to 22-24-59, inclusive, obscene material is defined pursuant to subdivision 22-24-27(11).

Source: SL 1999, ch 76, § 4; SL 2005, ch 120, § 314. ______________________________________

§ 22-22-24. Sale of obscene pictures of child as felony. Any person who sells, displays for sale, any book, magazine, pamphlet, slide, photograph, or film depicting a minor under the age of sixteen years engaging in a prohibited sexual act or in the simulation of such act is guilty of a Class 6 felony.

§ 22-22-24.3. (Text of section effective until July 1, 2006) Sexual exploitation of a minor-- Penalties--Mental examination. A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity that:
             (1)     Is harmful to minors, or in the simulation of such an activity;
             (2)     Involves nudity, or in the simulation of such an activity; or
             (3)     Is obscene, or in the simulation of such an activity.
     Consent to performing these proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.
     A violation of this section is a Class 6 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation a Class 5 felony. Further, the court shall order a mental examination of the person. The examiner shall report to the court whether treatment of the person is indicated.
     (Text of section effective July 1, 2006) Sexual exploitation of a minor--Penalties--Mental examination. A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that:
             (1)     Is harmful to minors;
             (2)     Involves nudity; or
             (3)     Is obscene.
     Consent to performing these proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.
     A violation of this section is a Class 6 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation a Class 5 felony.
     The court shall order a mental examination of any person convicted of violating this section. The examiner shall report to the court whether treatment of the person is indicated.

Source: SL 2002, ch 109, § 8; SL 2005, ch 120, § 401.

§ 22-22-25. Exemption of publications with redeeming social value. Section 22-22-24 and §§ 22-22-24.2, 22-22-24.3, and 22-22-24.5 do not apply to the selling, lending, distributing, exhibiting, giving away, showing, possessing, or making of films, photographs, or other materials involving only nudity, if the materials are made for and have a serious literary, artistic, educational, or scientific value. (SL 2005, ch 120, § 407, provides for the transfer of this section on July 1, 2006. See § 22-24A-20.)

Source: SL 1978, ch 159, § 5; SL 2002, ch 109, § 33.

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