22-24B-2. Registration of convicted sex offenders--Time limit--Violation as felony--Discharge.
Any person who has been convicted for commission of a sex crime, as defined in §22-24B-1, shall register in person as a sex offender. The term, convicted, includes a verdict or plea of guilty, a plea of nolo contendere, and a suspended imposition of sentence which has not been discharged pursuant to §23A-27-14 before July 1, 1995.
Any juvenile fourteen years or older at the time of the offense shall register as a sex offender if that juvenile has been adjudicated of rape as defined in subdivision 22-24B-1(1), or of an out-of-state or federal offense that is comparable to the elements of the crime of rape or any crime committed in another state if the state also requires a juvenile adjudicated of that crime to register as a sex offender in that state. The term, adjudicated, includes a court's finding of delinquency, an admission, and a suspended adjudication of delinquency which has not been discharged pursuant to §26-8C-4 before July 1, 2009.
The sex offender shall register within three business days of coming into any county to reside, temporarily domicile, attend school, attend postsecondary education classes, or work. Registration shall be with the chief of police of the municipality or the sheriff of the county in which the sex offender resides, temporarily domiciles, attends school, attends postsecondary education classes, or works. The sex offender shall notify the chief of police or sheriff if there is a change where the sex offender resides, attends school, or works. If the sex offender is not otherwise registered in the state, the sex offender shall register within three business days of coming into any county when the sex offender applies for or receives a South Dakota driver license, registers a motor vehicle, establishes a postal address, or registers to vote. A violation of this section is a Class 6 felony. Any person whose sentence is discharged pursuant to §23A-27-14 after July 1, 1995, shall forward a certified copy of the formal discharge by certified mail to the Division of Criminal Investigation and to local law enforcement where the person is then registered under this section. Upon receipt of the notice, the person shall be removed from the sex offender registry open to public inspection and shall be relieved of further registration requirements under this section.
Any juvenile whose suspended adjudication is discharged pursuant to §26-8C-4 after July 1, 2009, shall forward a certified copy of the formal discharge by certified mail to the Division of Criminal Investigation and to local law enforcement where the juvenile is then registered under this section. Upon receipt of the notice, the juvenile shall be removed from the sex offender registry open to public inspection and shall be relieved of further registration requirements under this section.
Source: SL 1994, ch 174, §2; SL 1995, ch 123, §2; SL 1997, ch 135, §1; SL 2002, ch 110, §2; SDCL §22-22-31; SL 2005, ch 120, §§415, 417; SL 2006, ch 123, §2; SL 2009, ch 117, §1; SL 2010, ch 118, §1; SL 2010, ch 119, §8; SL 2015, ch 131, §1; SL 2016, ch 126, §2.
Structure South Dakota Codified Laws
Chapter 24B - Sex Offender Registry
Section 22-24B-1 - Sex crimes determined.
Section 22-24B-1.1 - Business day defined.
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-7 - Registration every six months--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-12.1 - Second or subsequent convictions.
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-22 - Definitions.
Section 22-24B-23 - Restrictions on residence within community safety zone--Violation as felony.
Section 22-24B-25 - Inconsistent local ordinances on residence and community access prohibited.
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-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-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.