South Dakota Codified Laws
Chapter 24B - Sex Offender Registry
Section 22-24B-1 - Sex crimes determined.

22-24B-1. Sex crimes determined.
For the purposes of §§22-24B-2 to 22-24B-14, inclusive, a sex crime is any of the following crimes regardless of the date of the commission of the offense or the date of conviction:
(1)Rape as set forth in §22-22-1;
(2)Felony sexual contact with a minor under sixteen as set forth in §22-22-7 if committed by an adult;
(3)Sexual contact with a person incapable of consenting as set forth in §22-22-7.2;
(4)Incest if committed by an adult;
(5)Possessing, manufacturing, or distributing child pornography as set forth in §22-24A-3;
(6)Sale of child pornography as set forth in §22-24A-1;
(7)Sexual exploitation of a minor as set forth in §22-22-24.3;
(8)Kidnapping, as set forth in §22-19-1, if the victim of the criminal act is a minor;
(9)Promotion of prostitution of a minor as set forth in subdivision 22-23-2(2);
(10)Criminal pedophilia as previously set forth in §22-22-30.1;
(11)Felony indecent exposure as previously set forth in former §22-24-1 or felony indecent exposure as set forth in §22-24-1.2;
(12)Solicitation of a minor as set forth in §22-24A-5;
(13)Felony indecent exposure as set forth in §22-24-1.3;
(14)Bestiality as set forth in §22-22-42;
(15)An attempt, conspiracy, or solicitation to commit any of the crimes listed in this section;
(16)Any crime, court martial offense, or tribal offense committed in a place other than this state that constitutes a sex crime under this section if committed in this state;
(17)Any federal crime, court martial offense, or tribal offense that constitutes a sex crime under federal law;
(18)Any crime committed in another state if that state also requires anyone convicted of that crime register as a sex offender in that state;
(19)If the victim is a minor:
(a)Any sexual acts between a jail employee and a detainee as set forth in §22-22-7.6;
(b)Any sexual contact by a psychotherapist as set forth in §22-22-28; or
(c)Any sexual penetration by a psychotherapist as set forth in §22-22-29;
(20)Intentional exposure to HIV infection as set forth in subdivision (1) of §22-18-31;
(21)First degree human trafficking as set forth in §22-49-2 if the victim is a minor;
(22)Second degree human trafficking as set forth in §22-49-3 involving the prostitution of a minor;
(23)Felony use or dissemination of visual recording or photographic device without consent and with intent to self-gratify, harass, or embarrass as set forth in §22-21-4;
(24)Manufacturing or distributing a child-like sex doll as set forth in §22-24A-1.1; or
(25)Felony conviction of purchasing or possessing a child-like sex doll as set forth in §22-24A-3.1.

Source: SL 1994, ch 174, §1; SL 1995, ch 123, §1; SL 1997, ch 134, §1; SL 1998, ch 136, §4; SL 2002, ch 109, §11; SL 2002, ch 110, §1; SL 2003, ch 127, §4; SL 2004, ch 153, §1; SDCL §22-22-30; SL 2005, ch 120, §§415, 416; SL 2006, ch 123, §1; SL 2008, ch 110, §1; SL 2010, ch 117, §1; SL 2010, ch 119, §9; SL 2015, ch 130, §1; SL 2016, ch 126, §1; SL 2020, ch 87, § 1; SL 2021, ch 98, § 5.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 22 - Crimes

Chapter 24B - Sex Offender Registry

Section 22-24B-1 - Sex crimes determined.

Section 22-24B-1.1 - Business day defined.

Section 22-24B-2 - Registration of convicted sex offenders--Time limit--Violation as felony--Discharge.

Section 22-24B-2.1 - Sex offender registry consists of three tiers.

Section 22-24B-3 - Work defined.

Section 22-24B-4 - Attends school and attends classes defined.

Section 22-24B-5 - Annual verification form mailed to registered offender--Return of form--Failure to return form--Violation as felony.

Section 22-24B-6 - Commencement or change in enrollment or employment--Report to local law enforcement--Time limit--Violation as felony.

Section 22-24B-7 - Registration every six months--Violation as felony.

Section 22-24B-8 - Information required for sex offender registration--DNA sample--Violation as felony.

Section 22-24B-8.1 - Annual confirmation by law enforcement of residence address.

Section 22-24B-9 - Information from sex offender registry--Specifics included.

Section 22-24B-10 - Registration forwarded to Division of Criminal Investigation--Files open to public--Exceptions.

Section 22-24B-11 - Availability of sex offenders' files--Participation in National Sex Offender Public Registry.

Section 22-24B-12 - Written notice of new location or address required--Time limit--Violation as felony.

Section 22-24B-12.1 - Second or subsequent convictions.

Section 22-24B-12.2 - Notice in person of new location or address outside of state--Time limit--Violation as felony.

Section 22-24B-13 - Duty of institutions to inform convicted sex offenders of registration requirements and community safety zone restrictions.

Section 22-24B-14 - Duty of court to inform sexual offenders of registration requirement and community safety zone restrictions.

Section 22-24B-15 - Registration records and lists as public records--Confidentiality of victim identifying information.

Section 22-24B-16 - Penalties for crime committed as result of information from sex offender registry.

Section 22-24B-17 - Petition for removal from the sex offender registry--Service--Response.

Section 22-24B-18 - Petition and documentation--Contents.

Section 22-24B-19 - Criteria for removal from registry as Tier I offender.

Section 22-24B-19.1 - Criteria for removal from registry as Tier II offender.

Section 22-24B-19.2 - Tier III offender defined.

Section 22-24B-19.3 - Recidivist sex offender defined.

Section 22-24B-20 - Order for removal of name from sex offender registry--Denial of petition.

Section 22-24B-21 - Internet site with sex offender registration information--Division and registering agency not liable for good faith conduct.

Section 22-24B-22 - Definitions.

Section 22-24B-23 - Restrictions on residence within community safety zone--Violation as felony.

Section 22-24B-23.1 - Secondary registered location or address--Notification of law enforcement--Violation as misdemeanor.

Section 22-24B-24 - Loitering within community safety zone or public library prohibited--Exception--Violation as felony.

Section 22-24B-25 - Inconsistent local ordinances on residence and community access prohibited.

Section 22-24B-26 - Petition for order of exemption from safety zone restrictions--Contents--Service--Response.

Section 22-24B-27 - Community Safety Zone--Exemption--Eligibility.

Section 22-24B-28 - Order granting or denying petition--Restrictions on subsequent petition.

Section 22-24B-29 - Summary description of offense forwarded to or developed by Division of Criminal Investigation.

Section 22-24B-30 - Inmate and juvenile offender registration--Time limit--Submission to Division of Criminal Investigation--Notice of change of status.

Section 22-24B-31 - Foreign criminal conviction registration--Time limit--Violation as felony.

Section 22-24B-32 - Immunity from liability for certain good faith conduct.

Section 22-24B-33 - Eligibility for removal from registry of registrant who has committed out-of-state offense.

Section 22-24B-34 - Eligibility of registrant who has committed out-of-state offense to establish in-state residence.

Section 22-24B-35 - Registered sex offender not eligible to circulate certain nominating petitions.

Section 22-24B-36 - Sex offender to report change in vehicle registration.

Section 22-24B-37 - Report of intention to travel outside United States--Violation as misdemeanor.