South Dakota Codified Laws
Chapter 24B - Sex Offender Registry
Section 22-24B-19.3 - Recidivist sex offender defined.

22-24B-19.3. Recidivist sex offender defined.
A recidivist sex offender is a person who has been convicted or adjudicated for more than one sex crime listed in §22-24B-1, regardless of when those convictions or adjudications occurred. However, no person is a recidivist sex offender unless the person committed the second sex crime after having been convicted or adjudicated of a previous sex crime. For purposes of this section, a conviction or adjudication includes a verdict or plea of guilty; a verdict or plea of guilty but mentally ill; a plea of nolo contendere; a suspended imposition of sentence granted under §23A-27-13, regardless of whether it has been discharged; a deferred prosecution agreement entered by a prosecutor; and a determination made in another state, federal jurisdiction, or courts martial that is comparable to any of these events.

Source: SL 2010, ch 119, §4.

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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.