CHAPTER 111

(HB 1139)

Indecent exposure, penalty increased when the victim is a child.


         ENTITLED, An Act to  specify the elements of the crime of aggravated indecent exposure and to provide a penalty therefor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That chapter 22-24 be amended by adding thereto a NEW SECTION to read as follows:

     If any person, eighteen years of age or older, exposes his or her genitals in a public place under circumstances in which that person knows that his or her conduct is likely to annoy, offend, or alarm some other person, and that conduct is viewed by and does, in fact, annoy, offend, or alarm any child, thirteen years of age or younger, that person is guilty of the crime of aggravated indecent exposure. Aggravated indecent exposure is a Class 1 misdemeanor. A second or subsequent conviction for aggravated indecent exposure is a Class 6 felony.

     Signed February 8, 2002.
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