Missouri River Incident Raises Questions About Indecent Conduct Laws

Paddlewheels and Pair-ings

What happens on the river in Bismarck-Mandan stays on the river, right? Plenty of debauchery takes place every weekend on both the sandbars and pontoons cruising the shorelines on the Mighty Missouri River.

We are heading into the final few weekends on the sandbars before pontoon owners put away their vessels for another season. Maybe this has got some rivergoers feeling a little extra restless and daring.

Captain's Log Thursday, August 27th

The Lewis and Clark Riverboat passengers apparently experienced a very uncensored riverboat cruise. According to a Facebook post on one of the city forums, a woman on a pontoon on Thursday afternoon decided to give the riverboat more than just a scenic view. She flashed the boat, which reportedly had children on board. Most of the comments on the post were lighthearted; the author reminded everyone this is, in fact, illegal.

Illegal Exposure: Can You Show Off the Girls?

I spoke with the Bismarck City Attorney about this subject, and here's what I was told.

6-05-02. Indecent Conduct. A person is guilty of an ordinance violation if that person:

"Appears nude in a public place other than a restroom, bathroom, changing room, or similar facility, designated for his or her sex. "Nude" means that any portion of the pubic areas, anus, vulva, genitals, or female breasts below the top of the areola is exposed to the view of the general public."

The word public place is the keyword. I'm not a lawyer, but showing your ta-tas to the riverboat passengers on a Thursday afternoon would be unlawful. So, technically, if you were in the privacy of your own backyard in a fenced-off situation, you might be legal to sunbathe topless. However, the City Attorney told me it would depend on the situation. Again, ambiguous at best. Sounds like more trouble than it's worth. I would deal with the tan lines.

Minnesota passed a law in 2020 allowing women to legally sunbathe topless in public. It's also legal in South Dakota.

There you have it, the law is clear as mud in the Big Muddy. No word if this incident is being investigated.