South Dakota

South Dakota exempts breastfeeding in public from their indecent exposure statutes.

Law §22-22-24.1, 2002

S.D. Cod. Law §22-22-24 states in pertinent part:

(7) “Harmful to minor”….

   (c)Taken as a whole, is without serious literary, artistic, political, or scientific value for minors. This term does not include a mother’s breast-feeding of her baby;

(9)”Nudity,” the showing or the simulated…

   … opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state for the purpose of creating sexual excitement. This term does not include a mother’s breast-feeding of her baby irrespective of whether or not the nipple is covered during or incidental to feeding;

(10) “Obscene,” the status of material which:

   (a) The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient…

   (b) Describes, in a patently offensive way, prohibited sexual acts; and

   (c) Taken as a whole lacks serious literary, artistic, political, or scientific value. This term does not include a mother’s breast-feeding of her baby;

(14) Sexual battery or simulates that sexual battery is being or will be committed. The term includes encouraging, aiding, abetting or enticing any person to commit any such acts as provided in this subdivision. The term does not include a mother’s breast-feeding of her baby.

 


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