Title 22 — CRIMES

Any conviction for, or plea of guilty to, an offense in another state that, if committed in this state, would be a violation of §§ 22-24A-35 to 22-24A-37 , inclusive, must be used to determine if the violation being charged is a second or subsequent offense. Source: SL 2024, ch 8…

The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating §§ 22-24A-35 to 22-24A-37 , inclusive. Source: SL 2024, ch 87 , § 6.

Terms used in § 22-24A-5 mean: (1) "Minor," a person fifteen years of age or younger; and (2) "Solicit," to seduce, lure, entice or persuade, or attempt to seduce, lure, entice or persuade a specific person by telephone, in person, by letter, by using a computer or any other elec…

Consent to performing the proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating §§ 22-24A-35 to 22-24A-37 , inclusive. Source: SL 2024, ch 87 , § 7.

It is an affirmative defense to a violation of §§ 22-24A-35 to 22-24A-37 , inclusive, that the visual depiction is of the person charged and no other person appears in the visual depiction. Source: SL 2024, ch 87 , § 8.

The sentencing court may impose a sentence other than that required by §§ 22-24A-35 to 22-24A-37 , inclusive, if the court finds that mitigating circumstances exist that require a departure from the mandatory sentence imposed by §§ 22-24A-35 to 22-24A-37 , inclusive. The court sh…

A person is guilty of solicitation of a minor if the person eighteen years of age or older: (1) Solicits a minor, or someone the person reasonably believes is a minor, to engage in a prohibited sexual act; or (2) Knowingly compiles or transmits by means of a computer; or prints, …

Any person, not a citizen or resident of this state, whose actions or conduct constitute a violation of §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , 43-43B-1 to 43-43B-3 , inclusive, and 22-23-2 , 22-23-8 , and 22-23-9 …

Any person, except a minor, who knowingly participates in any conduct proscribed by §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive, is liable for civil damages. Source: SL 2002, ch 109…

Any of the following persons may bring an action for damages caused by another person's conduct as proscribed by §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 23A-27-14.1 , 22-49-1 to 22-49-3 , inclusive, and 43-43B-1 to 43-43B-3 , inclusive: (1) The child; (2) Any …

Any person entitled to bring an action under § 22-24A-8 may seek damages from any person, except a minor, who knowingly participated in the production or in the chain of distribution of any visual depiction proscribed by §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 ,…

For the purposes of this chapter, the term, business day, is defined to mean the same as subdivision 37-24-1(2). Source: SL 2010, ch 118 , § 5.

Within three days of registering a person pursuant to §§ 22-24B-1 to 22-24B-14 , inclusive, the registering law enforcement agency shall forward the information to the Division of Criminal Investigation. The Division of Criminal Investigation shall maintain a file of all the regi…

The Division of Criminal Investigation may make the file available to any regional or national registry of sex offenders and shall participate in the National Sex Offender Public Registry maintained by the United States Department of Justice. The division shall accept files from …

Any person who is required to register as a sex offender pursuant to the provisions of this chapter, and who moves to a different location or residence address shall inform the law enforcement agency where the person last registered of the person's new location or address, in wri…

Any person who has been convicted of, or entered a plea of guilty to, one or more violations of § 22-24B-2 , 22-24B-5 , 22-24B-6 , 22-24B-7 , 22-24B-8 or 22-24B-12 is guilty of a Class 5 felony for any second or subsequent conviction of § 22-24B-2 , 22-24B-5 , 22-24B-6 , 22-24B-7…

Any person who is required to register as a sex offender pursuant to the provisions of this chapter and who intends to move to a different location or residence address outside of the state, shall inform the law enforcement agency where the person last registered of the person's …

Any person required to register pursuant to §§ 22-24B-1 to 22-24B-14 , inclusive, who is discharged or paroled or temporarily released from an institution of the Department of Corrections or the Department of Human Services or the Department of Social Services or from any jail or…

Any person required to register pursuant to §§ 22-24B-1 to 22-24B-14 , inclusive, who is released on probation because of the commission or attempt to commit one of the offenses as described in § 22-24B-1 shall, prior to release be informed of the duty to register under §§ 22-24B…

Any registration record collected by local law enforcement agencies pursuant to this chapter, registration lists provided to local law enforcement by the Division of Criminal Investigation, and records collected by institutions pursuant to § 22-24B-13 for those persons required t…

Any person who commits any crime as a result of information gained through the sex offender registry or through public information kept pursuant to § 22-24B-15 is guilty of a Class 6 felony. Such liability is in addition to any other civil or criminal penalties. Source: SL 1995, …

Any person required to register under this chapter who is eligible to seek removal from the registry, as provided for in § 22-24B-19 , 22-24B-19 .1, or 22-24B-19 .4, may petition the circuit court in the county where the person resides for an order terminating the person's obliga…

The petition and documentation to support the request for removal from the sex offender registry shall include: (1) The information required for registration of convicted sex offenders in § 22-24B-8 ; (2) A detailed description of the sex crime that was the basis for the offender…

To be eligible for removal from the registry as a Tier I offender, the petitioner must show, by clear and convincing evidence, that all of the following criteria have been met: (1) At least five years have elapsed since the date the petitioner first registered pursuant to this ch…

To be eligible for removal from the registry as a Tier II offender, the petitioner shall show, by clear and convincing evidence, that all of the following criteria have been met: (1) At least twenty-five years have elapsed since the date the petitioner first registered pursuant t…

Any person, who is on the sex offender registry and who is not eligible for removal pursuant to §§ 22-24B-19 and 22-24B-19.1 , is a Tier III offender. Source: SL 2010, ch 119 , § 3.

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 se…

Notwithstanding §§ 22-24B-19 and 22-24B-19 .1, an offender who is required to register in this state as a sex offender because of any crime committed in another jurisdiction, if that jurisdiction also requires anyone convicted of that crime to register as a sex offender, may peti…

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 …

The sex offender registry consists of three tiers as provided for in §§ 22-24B-19 to 22-24B-19.2 , inclusive. Placement in Tier III requires registrants to register throughout their lifetime. Placement in Tier II requires registrants to register for a minimum of twenty-five years…

If the court finds that all of the criteria described in § 22-24B-19 , 22-24B-19 .1, or 22-24B-19 .4 have been met and that the petitioner is not likely to offend again, then the court may, in its discretion, enter an order terminating the petitioner's obligation to register in t…

The Division of Criminal Investigation shall post and maintain on an internet site sex offender registration information including offender name, physical description and photograph, address, type of sex crime convicted of, previous convictions requiring registration as defined i…

Terms used in §§ 22-24B-22 to 22-24B-28 , inclusive, mean: (1) "Community safety zone," the measurement of a straight line that creates an area that lies within five hundred feet from the facilities and grounds of any of the following sites: (a) A domestic abuse shelter; (b) A li…

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 safet…

Any person who travels to a secondary registered location or address that is located in the community safety zone, and inhabits the location for more than twenty-four hours shall verbally notify the law enforcement of jurisdiction prior to arriving at the location or residence. A…

No person who is required to register as a sex offender as defined in this chapter may loiter within a community safety zone or a public library unless 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 a…

No city, county, municipality, or township may, by local ordinance, restrict or mitigate residence or community access for convicted sex offenders inconsistent with the provisions of §§ 22-24B-22 to 22-24B-28 , inclusive. Source: SL 2006, ch 125 , § 4.

An offender subject to community safety zone restrictions pursuant to §§ 22-24B-22 to 22-24B-28 , inclusive, who is eligible to seek exemption from these restrictions as provided for in § 22-24B-27 may petition the circuit court in the county where the person resides for an order…

To be eligible for exemption from the community safety zone restrictions, the petitioner shall show, by clear and convincing evidence, the following: (1) That at least ten years have elapsed since the date the petitioner was convicted of the offense that subjected the petitioner …

If the court finds that all of the criteria provided for in § 22-24B-27 have been met and that the petitioner is not likely to offend again, then the court may, in its discretion, enter an order terminating the petitioner's obligation to comply with the community safety zone rest…

If any person is convicted of a sex crime as defined in § 22-24B-1 that is subject to sex offender registration requirements as defined in §§ 22-24B-2 to 22-24B-14 , inclusive, the prosecuting attorney shall prepare a summary description of the offense and forward this to the Div…

As used in § 22-24B-2 , the term, work, includes employment that is full-time or part-time for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, whether financially compensated, volunteered, or for the purp…

Any person required to register pursuant to §§ 22-24B-1 to 22-24B-14 , inclusive, who is incarcerated or is a juvenile offender committed to the Department of Corrections, shall register within three business days of admission to the correctional facility or commitment to the Dep…

Any person with a foreign criminal conviction, which requires the person to register either as a sex offender pursuant to § 22-24B-2 , pursuant to the laws of the state where the conviction took place, or pursuant to any court order, shall be required to register within three bus…

No law enforcement agency, employee of any law enforcement agency, employee or official of any state and county agency and person contracting or appointed to perform services under §§ 22-24B-2 , 22-24B-5 to 22-24B-8.1 , inclusive, 22-24B-10 , 22-24B-12 , 23A-27-12.1 , or 24-15A-2…

No sex offender registrant, who has committed a registerable offense in some other state is eligible to petition to request removal from the sex offender registry in South Dakota unless the sex offender registrant is also eligible to petition, under substantially equivalent provi…

No sex offender registrant, who has committed a registerable offense in some other state is eligible to establish a residence or reside outside a community safety zone in South Dakota unless the sex offender registrant would also be eligible to establish a residence or reside in …

No registered sex offender is eligible to circulate certain nominating petitions pursuant to §§ 12-1-32 to 12-1-34 , inclusive. Source: SL 2012, ch 80 , § 4.

A sex offender shall report, within three business days, any change in the registration status of a vehicle the offender owns, to the authority specified in §

Any person who is required to register as a sex offender pursuant to the provisions of this chapter shall report that person's intention to travel outside of the United States at least twenty-one days in advance of the travel to the chief of police or county sheriff. The law enfo…