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STATE v. PLENTY HORSE

No. 24370.

741 N.W.2d 763 (2007)

2007 SD 114

STATE of South Dakota, Plaintiff and Appellee, v. Michael James PLENTY HORSE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 7, 2007.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Frank Geaghan, Assistant Attorney General, Pierre, SD, for plaintiff and appellee.

Traci Smith, Office of the Minnehaha, County Public Defender, Sioux Falls, SD, Attorneys for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] Under South Dakota law, the crime of indecent exposure prohibits the public exposure of one's genitals for the purpose of arousing sexual desire in oneself or another. Defendant was convicted of this offense after he was surprised by a security guard while alone in a public building attempting to have sexual intercourse with a mannequin. Although counsel for defendant offers several theories on why this conviction should be reversed...

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