A person commits the crime of indecent exposure by exposing the person’s body or private parts (usually genitals, anus, buttocks, or female breasts) in a public place and in the presence of another person who might be offended, alarmed, or annoyed. Laws vary from state to state—including definitions of exposed body parts—and some states require the exposure to have been made with the intent to attract attention or to sexually gratify the person making the indecent exposure, or to sexually gratify another person, or to offend another person.

Indecent exposure laws are generally located in a state’s statutes—often in the penal or criminal code.

In South Dakota, indecent exposure is addressed under South Dakota Codified Laws (SDCL) 22-24-1. According to this statute, an individual is guilty of indecent exposure if they intentionally expose their genitals or other private parts to someone else in a public place, or in a private place where they can be readily seen from a public place, and they do so under circumstances that they know their conduct is likely to annoy, offend, or alarm others. This law also covers the exposure of female breasts. The intent behind the exposure, such as to attract attention, for sexual gratification, or to offend, is a relevant factor in determining the criminality of the act. Indecent exposure in South Dakota is classified as a Class 1 misdemeanor, which can result in penalties including fines and imprisonment. However, if the exposure is done in the presence of a minor under the age of 15 and the perpetrator is at least three years older than the minor, the offense is elevated to a Class 6 felony, carrying more severe penalties.