22-24B-23. Restrictions on residence within community safety zone--Violation as felony.
No person who is required to register as a sex offender pursuant to this chapter may establish a residence or reside within a community safety zone unless:
(1)The person is incarcerated in a jail or prison or other correctional placement which is located within a community safety zone;
(2)The person is on parole or probation and has been assigned to a halfway house or supervised living center within a community safety zone;
(3)The person is homeless and has been admitted to a community homeless shelter within a community safety zone by an appropriate community official;
(4)The person is placed in a health care facility licensed pursuant to chapter 34-12, or certified under Title XVIII or XIX of the Social Security Act as amended to December 31, 2001, or receiving services from a community service provider accredited or certified by the Department of Human Services or the Department of Social Services, which is located within a community safety zone;
(5)The person was under age eighteen at the time of the offense and the offender was not tried and convicted of the offense as an adult;
(6)The person established and inhabited the residence as of July 1, 2006;
(7)The school, public park, public pool, or public playground was built or established subsequent to the person's establishing residence at the location; or
(8)The circuit court has entered an order pursuant to §22-24B-28 exempting the offender from the provisions of §§22-24B-22 to 22-24B-28, inclusive.
A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5 felony.
Source: SL 2006, ch 125, §2; SL 2010, ch 120, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §134, eff. Apr. 12, 2011; SL 2012, ch 128, §1; SL 2018, ch 134, §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.