ENTITLED, An Act  to revise the crime of indecent exposure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 22-24-1 be repealed.
     Section  2.  That chapter 22-24 be amended by adding thereto a NEW SECTION to read as follows:

     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.
     Section  3.  That chapter 22-24 be amended by adding thereto a NEW SECTION to read as follows:

     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, 22-22-7, 22-22-19.1, or 22-22-23, that person is guilty of a Class 6 felony. Any person convicted of a third or subsequent violation of either this section or of §  22-24-1 is guilty of a Class 6 felony.
     Section  4.  That § 22-22-30 be amended to read as follows:
     22-22-30.   For the purposes of § §   22-22-31 to 22-22-39, inclusive, a sex crime is any of the following crimes regardless of the date of the commission of the offense or the date of conviction:

             (1)      Rape as set forth in §   22-22-1;

             (2)      Sexual contact with a minor under sixteen as set forth in §   22-22-7 if committed by an adult and the adult is convicted of a felony;

---

             (3)      Sexual contact with a person incapable of consenting as set forth in §   22-22-7.2 if committed by an adult;

             (4)      Incest as set forth in §   22-22-19.1 if committed by an adult;

             (5)      Photographing a child in an obscene act as set forth in §   22-22-23;

             (6)      Possession of child pornography as set forth in §   22-22-23.1;

             (7)      Sale of obscene pictures of a child as set forth in §   22-22-24;

             (8)      Kidnapping, as set forth in §   22-19-1, if the victim of the criminal act is a minor;

             (9)      Promotion of prostitution of a minor as set forth in subdivision 22-23-2(2);

             (10)      Criminal pedophilia as set forth in §   22-22-30.1;

             (11)      Felony indecent exposure as set forth in §   22-24-1 or indecent exposure as set forth in section 3 of this Act;

             (12)      An attempt to commit any of the crimes listed in this section; or

             (13)      Any crime committed in a place other than this state which would constitute a sex crime under this section if committed in this state.

---

An Act to revise the crime of indecent exposure.

========================= I certify that the attached Act originated in the SENATE as Bill No. 36

____________________________
Secretary of the Senate

=========================     

____________________________
President of the Senate

Attest:

____________________________
Secretary of the Senate

____________________________
Speaker of the House

Attest:

____________________________
Chief Clerk

Senate Bill No. 36
File No. ____
Chapter No. ______     =========================
Received at this Executive Office this ____ day of _____________ ,

19___ at _____ M.

By _________________________
for the Governor

=========================

The attached Act is hereby approved this ________ day of ______________ , A.D., 19___

____________________________
Governor

=========================
STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________ , 19___
at _________ o'clock __ M.

____________________________
Secretary of State

By _________________________
Asst. Secretary of State