My question involves criminal law for the state of: South Dakota
First: no crime has been committed, and I have no intention of breaking the law.
I'm a photographer, and I'm interested in doing topless shoots. The state doesn't ban this, per 22-24-1.1 ... 22-24-1.2 ... 22-24-1.4.
However, the county Pennington seems to. I can't fully understand what I'm reading, though. See here for Ordinance 466: http://ift.tt/2sfc8nG
First, the county separately defines semi-nude and nude. Semi-nude allows toplessness, but nude does not.
In their materials however, they seem to use them interchangeably. For example, in one instance they have rules regarding semi-nudity, though using the term nudity instead would have served the intended purpose more accurately (26.3 -- by the way this was written, they can expose their genitals but not their breasts!)
Also, nudity is comprehensive (26.11) and covers everything that semi-nudity does (26.15.)
So, do they actually allow semi-nudity where it's not specifically banned (when they say "nudity" without also saying "semi-nudity), and it's a mistake in their writing to have caused the definition of nudity to create all the same rules that semi-nudity does?
Second, they seem to be addressing conduct in public as a whole - regardless of whether business is involved, though it's written specifically for "adult oriented business." And I say that because they mention allowing a single breast to be exposed for breastfeeding (4.B). So, which is it - is it for certain kinds of businesses, or is it also for people's conduct in general?
Note: Their rules regarding business wouldn't apply to me, because: I won't work with more than 1 model at time, I won't advertise that one is available for viewing, and I won't have students present (10 A-C.) Though I'm hoping to shoot outdoors, in which case this wouldn't apply anyway. But if I shoot indoors instead, then by this criteria I'm exempt.
Note: I don't want to take my models where there are a lot of people. I'd prefer privacy, but there's the possibility of a stranger walking through where ever I go if I'm on public land - and I have no private land to shoot on. Thus, I need to know if public toplessness is banned or not.
Another question: Would I be allowed to do this on forest service land? ...
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Meade county has almost the same rules, but theirs seem to strictly apply to adult-oriented businesses. It seems they don't have a general ban on female toplessness?
http://ift.tt/2sfgs6q
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Also, unless I missed it - the county of Custer appears to not have anything on the books regarding any of this. http://ift.tt/2sfdnUc
Does that mean public toplessness is allowed? That seems too simple and too good to be true. That would mean full nudity is allowed also, even in the city, which seems ridiculous.
Thanks!
First: no crime has been committed, and I have no intention of breaking the law.
I'm a photographer, and I'm interested in doing topless shoots. The state doesn't ban this, per 22-24-1.1 ... 22-24-1.2 ... 22-24-1.4.
However, the county Pennington seems to. I can't fully understand what I'm reading, though. See here for Ordinance 466: http://ift.tt/2sfc8nG
First, the county separately defines semi-nude and nude. Semi-nude allows toplessness, but nude does not.
In their materials however, they seem to use them interchangeably. For example, in one instance they have rules regarding semi-nudity, though using the term nudity instead would have served the intended purpose more accurately (26.3 -- by the way this was written, they can expose their genitals but not their breasts!)
Also, nudity is comprehensive (26.11) and covers everything that semi-nudity does (26.15.)
So, do they actually allow semi-nudity where it's not specifically banned (when they say "nudity" without also saying "semi-nudity), and it's a mistake in their writing to have caused the definition of nudity to create all the same rules that semi-nudity does?
Second, they seem to be addressing conduct in public as a whole - regardless of whether business is involved, though it's written specifically for "adult oriented business." And I say that because they mention allowing a single breast to be exposed for breastfeeding (4.B). So, which is it - is it for certain kinds of businesses, or is it also for people's conduct in general?
Note: Their rules regarding business wouldn't apply to me, because: I won't work with more than 1 model at time, I won't advertise that one is available for viewing, and I won't have students present (10 A-C.) Though I'm hoping to shoot outdoors, in which case this wouldn't apply anyway. But if I shoot indoors instead, then by this criteria I'm exempt.
Note: I don't want to take my models where there are a lot of people. I'd prefer privacy, but there's the possibility of a stranger walking through where ever I go if I'm on public land - and I have no private land to shoot on. Thus, I need to know if public toplessness is banned or not.
Another question: Would I be allowed to do this on forest service land? ...
-----------
Meade county has almost the same rules, but theirs seem to strictly apply to adult-oriented businesses. It seems they don't have a general ban on female toplessness?
http://ift.tt/2sfgs6q
-----------
Also, unless I missed it - the county of Custer appears to not have anything on the books regarding any of this. http://ift.tt/2sfdnUc
Does that mean public toplessness is allowed? That seems too simple and too good to be true. That would mean full nudity is allowed also, even in the city, which seems ridiculous.
Thanks!
Disorderly Conduct: County Ordinances - Outdoor Topless Photography
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