South Dakota

Public Breastfeeding Law

(9) “Nudity,” the showing or the simulated showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully 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;

Enforcement Provision


Workplace Pumping Law


Enforcement Provision


6 Responses to “South Dakota”

  1. Ali says:

    Breastfeeding are Exepmpt from thsi law Read the whole thing

    • admin says:

      That is why it is listed on this page. It is an exemption for a crime no breastfeeding woman in the US has ever been charged with. No real protection.

  2. DeeDee says:

    I was recently in our local, small-town, restaurant and was told if any other customers came in, I would have to go nurse in the back room. The back room is completely secluded with a locked door. Can they legally make me go back there?

    • admin says:

      Since South Dakota’s public breastfeeding law has no enforcement provision, you can be removed from the restaurant for failing to comply with a request from the owner to change the place or manner of breastfeeding. :(

  3. […] some laws are even weaker.  South Dakota, Michigan, and West Virginia, have laws stating only that breastfeeding in public is not indecent […]

  4. Brandi G says:

    I am doing a policy change project for my master’s degree….who would be the best contact regarding the breastfeeding laws (or lack of) for SD?

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