(a) A person who knowingly or intentionally, in a public place: (i) engages in sexual intercourse, (ii) engages in sodomy as defined by South Dakota Codified Law, (iii) appears in a state of nudity, (iv) fondles the genitals of himself, herself or another person commits indecent exposure as defined by South Dakota Codified Law.
(b) [Definitions.]
Nudity means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.
Public place includes all outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, bars, taverns, pubs, restaurants, casinos, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.
(c) The prohibition set forth in subsection (a)(iii) shall not apply to: (a) any child under ten (10) years of age; or (b) any individual exposing a breast in the process of breast feeding an infant under two (2) years of age.
(Ord. No. 920, 4-1-02)