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 park your car and...you know...kiss and stuff. But, were you breaking the law by 'parking' at lover's lane?

READ MORE: It’s Illegal To Sleep Naked In Minnesota, So Do It In South Dakota!

Is it Illegal to Have Sex in Your Car in South Dakota?

 

Is it Illegal in South Dakota to Have Sex In Your Car?
Standard Issue South Dakota Make-Out Point (Google Maps)
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Where I grew up in western Nebraska, we did have a lovers' lane-type spot up on a bluff just outside of town. Except it was behind a couple of water towers, so there wasn't much of a view. Mostly, we just ended up parked on the side of some country road.

Let's say you and your date have picked an empty spot somewhere in the wildes of Minnehaha County. You have Hot 104.7  on the radio, and you two get down to business doing your best Jack and Rose impression.

Love On The Road: Is 'Getting Busy' in the Car Legal In South Dakota?
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The windows of your 1989 Pontiac Grand Prix are getting steamed up. You're navigating the bucket seats. Stretched in a weird way over the center console. And being careful not to knock the car into gear.

But then, the fun is interrupted when you spot a pair of headlights coming up the gravel road. IT'S THE COPS!!

Love On The Road: Is 'Getting Busy' in the Car Legal In South Dakota?
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Steamy Windows or Legal Trouble? What South Dakota Law Says About Car Hookups

There doesn't seem to be any law specifically against having consensual sex in your vehicle in South Dakota.

But, if you were caught doing the passenger seat rumba, you COULD be charged with something like public indecency or indecent exposure.

Love On The Road: Is 'Getting Busy' in the Car Legal In South Dakota?
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Private Property - How That Changes the Rules

Also, don't forget, if you happen to be 'parking' on private property, you could end up catching a trespassing charge.

Taking your date to that special spot on the side of the road may seem romantic, but it's not without serious risk. I mean, it'd make a good story. But it would make filling out a job application kind of...interesting. 

Love On The Road: Is 'Getting Busy' in the Car Legal In South Dakota?
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How to Avoid an Embarrassing Run-In with the Law

But, if you really want to recapture your youth and the thrill of going to make-out point, you still can. Take your partner on that special car date and just keep it parked in your garage, with the door closed.

Yes, because of public indecency laws, but also because nobody needs to see you trying to navigate your middle-aged naked body around the cab of your truck.

MORE: 9 Common Ways South Dakotans Ruin Their Driving Records

Love On The Road: Is 'Getting Busy' in the Car Legal In South Dakota?
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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 reads 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.

Answers to 25 'Is it Illegal in South Dakota?' Questions

Is this legal? Is that Illegal? In our modern world you've probably already broken a law today, and not even known it.

Most of us try our best to live life in bounds. But, sometimes you wonder if sleeping in a cheese factory or driving barefoot is illegal.

So, we did some research and answered 25 specific questions about whether something is legal.

NOTE: We are not lawyers, this is not legal advice. We haven't even seen every episode of Law and Order. This is for entertainment purposes only. If you need real legal advice, talk to a real lawyer.

Gallery Credit: Ben Kuhns