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


8 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?

  5. so says:

    No one’s saying you can’t feed children. Get over youselves and quit using them to make a statement just because you can. Be an adult and use the same common decency as anyone else is expected to show in public venues and no one would care any different. Are people’s lives so mundane that they feel they have to call attention to themselves by trying to manufacture problems that don’t exist. There’s a right way and a wrong way to do this and I’m sure we’ve all seen them and know the difference so just stop beating this dead horse

  6. wendy says:

    Do hospitals have to allow time for new mothers to pump in South Dakota?