FOR AN ACT 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  That § 22-24-1 be repealed.
     22-24-1.   Any person who intentionally and with an immoral purpose exposes his or her genitalia in any place where there is present any person, other than the spouse of the exposer, to be offended or annoyed thereby, is guilty of 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 this section is guilty of a Class 6 felony.
     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.

---

BILL HISTORY
1/13/98 First read in Senate and referred to Judiciary.   S.J.   26
1/16/98 Scheduled for Committee hearing on this date.
1/16/98 Judiciary Deferred to another day.
1/17/98 Scheduled for Committee hearing on this date.
1/21/98 Scheduled for Committee hearing on this date.
1/21/98 Judiciary Do Pass Amended, Passed, AYES 6, NAYS 0.   S.J.   132
1/21/98 Judiciary Reconsidered.
1/21/98 Judiciary Do Pass Amended, Passed, AYES 6, NAYS 0.