CHAPTER 122
(HB 1153)
Prohibited sex act definition expanded.
ENTITLED, An Act to
revise the definition of a prohibited sexual act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That subdivision (16) of
§
22-24A-2
be amended to read as follows:
(16)
"Prohibited sexual act," actual or simulated sexual intercourse, sadism, masochism,
sexual bestiality, incest, masturbation, or sadomasochistic abuse; actual or simulated
exhibition of the genitals
or
,
the pubic or rectal area
, or the bare feminine breasts,
in a
lewd or lascivious manner; actual physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to
arouse or gratify the sexual desire of either party; defecation or urination for the purpose
of creating sexual excitement in the viewer; or any act or conduct which constitutes
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;
Signed February 28, 2006