South Dakota Codified Laws
Chapter 24 - Obscenity And Public Indecency
Section 22-24-37 - Activities and persons excepted.

22-24-37. Activities and persons excepted.
The provisions of §§22-24-27 to 22-24-37, inclusive, do not apply to any persons who may possess or distribute obscene matter or participate in conduct, otherwise proscribed by those sections, if such possession, distribution, or conduct occurs:
(1)In the course of law enforcement and judicial activities;
(2)In the course of bona fide school, college, university, museum, or public library activities or in the course of employment of such an organization or retail outlet affiliated with and serving the educational purposes of such an organization; or
(3)In the course of employment as a moving picture machine operator, or assistant operator, in a motion picture theater in connection with a motion picture film or show exhibited in such theater if such operator or assistant operator has no financial interest in the motion picture theater wherein that operator or assistant operator is so employed other than wages received or owed;
or like circumstances of justification if the possession, distribution, or conduct is not limited to the subject matter's appeal to prurient interests.

Source: SL 1973, ch 148; SDCL Supp, §22-24-12.1; SL 1974, ch 165, §2; SL 2005, ch 120, §311.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 22 - Crimes

Chapter 24 - Obscenity And Public Indecency

Section 22-24-1.1 - Public indecency--Misdemeanor.

Section 22-24-1.2 - Indecent exposure--Misdemeanor or felony.

Section 22-24-1.3 - Indecent exposure involving a child--Felony.

Section 22-24-1.4 - Private indecent exposure--Misdemeanor.

Section 22-24-25 - Municipal and county power to regulate obscene materials or obscene live conduct not preempted.

Section 22-24-25.1 - County or municipal ordinance establishing contemporary community standards test.

Section 22-24-27 - Definition of terms.

Section 22-24-28 - Disseminating material harmful to minors as misdemeanor.

Section 22-24-29 - Possession, sale, or loan as disseminating material harmful to minors.

Section 22-24-29.1 - Publications containing obscene material to be wrapped and sealed while on display--Misdemeanor.

Section 22-24-30 - Admission to show or exhibition as disseminating material harmful to minors.

Section 22-24-31 - Defenses for disseminating materials harmful to minors.

Section 22-24-32 - Misrepresentation to obtain admission of minor--Misdemeanor.

Section 22-24-33 - Misrepresentation of age by minor--Misdemeanor.

Section 22-24-34 - Dissemination of separate articles as separate offenses.

Section 22-24-37 - Activities and persons excepted.

Section 22-24-55 - Public schools to restrict access to obscene materials on public access computers.

Section 22-24-56 - Public libraries to restrict access to obscene materials on public access computers.

Section 22-24-57 - Complying public school or library not liable for damages.

Section 22-24-58 - Obscene material defined.

Section 22-24-59 - Public access computer defined.

Section 22-24-60 - Prepaid adult entertainment card defined.

Section 22-24-61 - Sale or distribution of prepaid adult entertainment card to minors as misdemeanor.

Section 22-24-62 - Prepaid adult entertainment telephone card defined.

Section 22-24-63 - Persons violating § 22-24-61 liable for civil damages.

Section 22-24-64 - Persons who may bring actions for damages.

Section 22-24-65 - Persons from whom damages may be sought.

Section 22-24-66 - Damages that may be recovered.

Section 22-24-67 - Statute of limitations.

Section 22-24-68 - Prepaid adult entertainment cards subject to seizure and destruction.