A Current Summary of Breastfeeding Legislation in the U.S.

SUMMARY OF ENACTED BREASTFEEDING LEGISLATION

SOUTH DAKOTA

South Dakota simply exempts breastfeeding in public from their indecent exposure statutes. This bill was passed in 2002.

Law §22-22-24.1, 2002
2002 S.D. ALS 109; 2002 S.D. Laws 109; 2002 S.D. CH 109; 2002 S.D. SB 184; S.D. Cod.
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;

Last updated Sunday, July 30, 2006 5:49 PM by sjs.

Page last edited Sun Oct 14 09:33:18 UTC 2007.