As you enjoy the music, food, and camaraderie at the Sturgis Motorcycle Rally, you’re sure to get caught up in the spirit of freedom that runs deep through this iconic event. Even so, it’s important to remember that exposing your exhaust pipe or flashing your high beams in the wrong place can result in serious consequences that can ruin the fun.
Since the party has already started, let’s make clear two terms that are often confused: public indecency and indecent exposure. Knowing the difference can save you a lot of hassle and help keep the good times rolling so you can return again next year.
What’s Public Indecency?
In the great state of South Dakota, public indecency isn’t just about what you’re wearing (or not wearing) in public; it’s about who can see what, and whether they consented to seeing it beforehand.
Under South Dakota’s laws, public indecency is defined as exposing your anus or genitals where other people can see you and could be offended by it. The key here is the public aspect – what you do in private is your business, but once it’s in view of the public eye, it becomes the law’s business.
As long as there’s no sexual component to the exposure – for example, if you’re just relieving yourself outside – then you might be facing misdemeanor charges. If the exposure is in a sexual context, then we might be dealing with something a bit more serious – indecent exposure charges.
Indecent Exposure: A Step Further
Indecent exposure, on the other hand, specifically involves exposing your gear in a public place to arouse or sexually gratify yourself or another person. This is a much more serious charge – and it becomes more severe with each subsequent offense.
Be extra careful if there are kids around. Indecent exposure in the presence of a minor is a serious felony with severe penalties attached, even if you didn’t know that a kid was present.
Getting Out of Hot Water
Getting cited for public indecency might end up as a minor blip on your radar, often resulting in a fine or a warning. But indecent exposure can lead to more serious consequences, potentially including arrest and charges that could follow you back to your home state and continue to cause problems long after the rally is over.
If you do happen to find yourself in cuffs during the rally, here’s what to remember. Don’t resist arrest, but don’t answer the cops’ questions either. Anything you tell them can be used against you in court later. Instead, just tell them that you’re invoking your right to remain silent and your right to an attorney, and then stay quiet until your lawyer is at your side to guide you through the process. If you already did, get good legal advice. With luck, you’ll hopefully be back out on the road in no time.