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State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

468B0755   HOUSE BILL   NO.  1245  

Introduced by:    Representatives Marty and Olson and Senators DiSanto and Jensen (Phil)
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the right of a mother to breastfeed her child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 25-5-35 be amended to read:
    25-5-35. A mother may breastfeed her child in a discreet or modest manner in any location, public or private, where the mother and child are otherwise authorized to be present as long as the mother is in compliance with all other state and municipal laws. However, no No municipality may outright ban breastfeeding in public places. A person may not restrict or limit the right of a mother to breastfeed her child.
    Section 2. That § 22-24-1.2 be amended to read:
    22-24-1.2. 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 such the person has been previously convicted of a felony violation

of § 22-22-1, 22-22-7, or 22-24A-3, 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. The act of a woman breastfeeding her child, as described in § 25-5-35, is not a violation of this section.