Is it Illegal to ‘Get Busy’ in Your Car In South Dakota?
When you were a young adult, where did you go in South Dakota to make out...and stuff...with your special someone?
In old movies, there is always a place outside of town where you could park your car and...you know...kiss and stuff. But, were you breaking the law by 'parking' at lover's lane?
Where I grew up in western Nebraska, we did have a spot up on a bluff just outside of town. Except it was behind a couple of water towers. plus it was a small town in the middle of wheatfields. There wasn't much of a view after dark. Mostly we just ended up parked on the side of some country road.
Is it Illegal to Have Sex In Your Car in South Dakota?
Let's say that you and your date are steaming up the windows of your 1989 Pontiac Grand Prix. The fun is interpreted when you spot a pair of headlights coming up the gravel road. IT'S THE COPS!!
What could happen?
There doesn't seem to be any law specifically against having consensual sex in your vehicle. But, if you were caught doing the passenger seat rumba you could be charged with something like public indecency or indecent exposure.
Also, don't forget, if you happen to be 'parking' on private property. So you could end up with trespassing on the list of charges.
Taking your date to that special spot on the side of the road may seem romantic, but it's not without serious risk.
If you want to recapture your youth by taking your partner on a special car date, just keep it parked in your garage, with the door closed. Yes, because of the law, but also because nobody needs to see you trying to navigate your naked body around the truck cab.
The South Dakota public indecency law defines the crime like this:
"A person commits the crime of public indecency if the person, under circumstances in which that person knows that his or her conduct is likely to annoy, offend, or alarm some other person, exposes his or her anus or genitals in a public place where another may be present who will be annoyed, offended, or alarmed by the person's act. A violation of this section is a Class 2 misdemeanor."
South Dakota's indecent exposure law read like this:
"A person commits the crime of indecent exposure if, with the intent to arouse or gratify the sexual desire of any person, the person exposes his or her genitals in a public place, or in the view of a public place, under circumstances in which that person knows that person's conduct is likely to annoy, offend, or alarm another person. A violation of this section is a Class 1 misdemeanor. However, if such person has been previously convicted of a felony violation of § 22-22-1, 22-22-7, or 22-24A-3, that person is guilty of a Class 6 felony. Any person convicted of a third or subsequent violation of this section is guilty of a Class 6 felony."
What's the Difference Between a Misdemeanor and a Felony?
In general, the legal system views misdemeanors as less serious crimes, often punishable by fines, community service, and/or less than a year in jail.
A felony is a more serious crime that carries a harsher sentence. A misdemeanor can become a felony depending on the specific circumstances of the alleged crime. Like if it was a repeat offense, or caused widespread harm.