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Anti-Sodomy Laws The most important case to date concerning sodomy laws is Lawrence v. In that case, two men were convicted for having sex in a private home, under the Texas anti-sodomy law.

The case went to the Supreme Court of the United States, where it was struck down.

This may be considered "consensual" behavior because the actor consents to the behavior, even though the offended person does not.

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Because the decision made by the Supreme Court, all anti-sodomy laws in the United States are considered unconstitutional and unenforceable. South Dakota Sodomy Laws In 1976, private adult, consensual and non-commercial acts of sodomy were legalized.

Indecent Exposure South Dakota law also prohibits indecent exposure. The law defines indecent exposure as the person exposing 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.

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Because there is no such "Romeo and Juliet law" in South Dakota, it is possible for two individuals both under the age of 16 who willingly engage in intercourse to both be prosecuted for statutory rape, although this is rare. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances:...(5)If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim. sexual intercourse with child under sixteen—Felony or misdemeanor.

Similarly, no protections are reserved for sexual relations in which one participant is a 15 year old and the second is a 16 or 17 year old. Any person, sixteen years of age or older, who knowingly engages in sexual intercourse with another person, other than that person's spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony.But could you get in trouble for consensual sexual activity?Does “flashing” your friends constitute indecent exposure? Here is a brief summary of prohibited consensual sexual activity laws in South Dakota.The following table lists the main provisions of South Dakota's prohibited consensual sexual activity laws, while additional background information follows.See Find Law's Sex Crimes section for more information.South Dakota does not have a close-in-age exemption.

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