22-24-1.1. 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 […]
22-24-1.2. Indecent exposure–Misdemeanor or felony. 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 […]
22-24-1.3. Indecent exposure involving a child–Felony. If any person, eighteen years of age or older, with the intent to arouse or gratify the sexual desire of any person, intentionally exposes his or her genitals to a child, thirteen years of age or younger, that person is guilty of the crime of indecent exposure involving a […]
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; (2)The person is in a place where another person has a reasonable expectation of privacy; (3)The person […]
22-24-25. Municipal and county power to regulate obscene materials or obscene live conduct not preempted. Except as provided in § 22-24-37, nothing contained in this chapter limits any county or municipality from regulating obscene material or obscene live conduct within its jurisdiction. Source: SL 1968, ch 29, §14; SL 1974, ch 61, §2; SL 1976, […]
22-24-25.1. County or municipal ordinance establishing contemporary community standards test. Any county or municipality may provide, by ordinance, for a contemporary community standards test to regulate the sale, distribution, and use of obscene material and to regulate obscene live conduct in any commercial establishment or public place within its jurisdiction. Source: SDCL, §22-24-25 as added […]
22-24-27. 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 […]
22-24-28. Disseminating material harmful to minors as misdemeanor. Any person who disseminates material harmful to minors is guilty of a Class 1 misdemeanor. Source: SL 1968, ch 29, §§3, 9 (b); SDCL Supp, §§22-24-13, 22-24-20; SL 1974, ch 165, §18; SL 1976, ch 158, §24-6.
22-24-29. Possession, sale, or loan as disseminating material harmful to minors. A person is guilty of disseminating material harmful to minors if that person knowingly gives or makes available to a minor or promotes or possesses with intent to promote to minors, or if that person knowingly sells or loans to a minor for monetary […]
22-24-29.1. Publications containing obscene material to be wrapped and sealed while on display–Misdemeanor. No person may knowingly distribute, display, sell, or exhibit for sale in any public place any magazine, book, or newsprint displaying or containing obscene material on its cover or material unless the magazine, book, or newsprint is wrapped and sealed so that […]
22-24-30. Admission to show or exhibition as disseminating material harmful to minors. A person is guilty of disseminating material harmful to minors if, with reference to a motion picture, show, or other presentation which depicts nudity, sexual conduct, or sado-masochistic abuse, and which is harmful to minors, that person knowingly: (1)Exhibits such motion picture, show, […]
22-24-31. Defenses for disseminating materials harmful to minors. In any prosecution for disseminating material harmful to minors, it is an affirmative defense that: (1)The defendant had reasonable cause to believe that the minor involved was eighteen years old or more. A draft card, driver’s license, birth certificate, or other official or apparently official document is […]
22-24-32. Misrepresentation to obtain admission of minor–Misdemeanor. A person is guilty of a Class 1 misdemeanor if that person knowingly misrepresents that he or she is a parent or guardian of a minor for the purpose of obtaining admission of any minor to any motion picture, show, or other presentation which is harmful to minors. […]
22-24-33. Misrepresentation of age by minor–Misdemeanor. A minor is guilty of a Class 2 misdemeanor if that minor misrepresents his or her age for the purpose of obtaining admission to any motion picture, show, or other presentation which is harmful to minors. Source: SL 1974, ch 165, §19 (2); SL 1976, ch 158, §24-8; SL […]
22-24-34. Dissemination of separate articles as separate offenses. If more than one article or item of material prohibited under §§22-24-27 to 22-24-37, inclusive, is sold, given, advertised for sale, distributed commercially, or promoted, by the same person, after a hearing and determination that probable cause exists to believe such article or material is harmful to […]
22-24-37. Activities and persons excepted. The provisions of §§22-24-27 to 22-24-37, inclusive, do not apply to any persons who may possess or distribute obscene matter or participate in conduct, otherwise proscribed by those sections, if such possession, distribution, or conduct occurs: (1)In the course of law enforcement and judicial activities; (2)In the course of bona […]
22-24-55. 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 […]
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, §2.
22-24-57. Complying public school or library not liable for damages. No public school that complies with §22-24-55 or any public library that complies with §22-24-56 may be held liable for any damages that may arise from a minor gaining access to obscene materials through the use of a public access computer that is owned or […]
22-24-58. 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.
