A person generally commits the criminal offense of public lewdness or lewd conduct in public if the person knowingly engages in any of the following acts in a public place—or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person’s (1) act of sexual intercourse; (2) act of deviate sexual intercourse; (3) act of sexual contact with a person’s own private parts or those of another.

Public lewdness laws vary from state to state, and some states define and charge such criminal offenses under indecent exposure laws. Public lewdness is usually a misdemeanor offense, but may be a felony offense under some circumstances. And in some states a conviction for public lewdness may require the defendant to register as a sex offender.

In South Dakota, the criminal offense of public lewdness is generally covered under the state's indecent exposure laws. According to South Dakota Codified Laws (SDCL 22-24A-1), a person commits the crime of indecent exposure if they intentionally expose their genitals or other private parts in a public place, or in the private presence of others, under circumstances that they know such conduct is likely to cause affront or alarm. This includes acts of sexual intercourse, deviate sexual intercourse, or sexual contact in public or where others may be offended or alarmed. Indecent exposure is typically classified as a Class 1 misdemeanor in South Dakota. However, if the exposure is done with the intent to arouse or gratify the sexual desire of any person, and the victim is less than 16 years old, the offense is elevated to a Class 4 felony. Additionally, certain convictions for indecent exposure may require the individual to register as a sex offender under South Dakota's sex offender registry laws.