South Dakota sex offender law ensures that persons convicted for sex crimes register their personal information in the state.
The law protects citizens of the state from re-offending sex offenders. South Dakota sex offender law took effect in 1994. The State legislation modified the law in July 2010.
According to the new modification, the state uses a tiered system to classify sex offenders living in South Dakota.
The 3 tiers of classification are:
Tier I offenders (Low-risk offenders)
Tier II offenders (Moderate-risk Offenders)
Tier III offenders (High-risk offenders)
This classification depends on the nature of the crime committed by the offender. The duration of verification also depends on this classification:
Tier I offenders register for 10 years
Tier II offenders register for 25 years
Tier III offenders register for a lifetime
Tier I and II offender0, stand a chance of removing their name from the state’s registry. They can do so by complying with all the requirements for their registration. Only a governor’s pardon can stop a Tier III offender from registration.
South Dakota’s sex offenders law meets the provision of the Sex Offender Registration and Notification Act of 2006. Thus, the law has the certification of the federal authorities.
South Dakota’s Sex offenders registry controls all information on sex offenders living in the state. The registry verifies and updates this information in real time. You can visit the registry’s online website to find out more about sex offenders living in the state.
Rape - S.D. CODIFIED LAWS § 22-22-1 (West 2008).
Sexual contact with a minor under 16, if committed by an adult and the adult is convicted of a felony - S.D. CODIFIED LAWS § 22-22-7 (West 2008).
Sexual contact with a person incapable of consenting, if committed by an adult - S.D. CODIFIED LAWS §22-22-7.2 (West 2008).
Possessing, manufacturing, or distributing child pornography - S.D. CODIFIED LAWS § 22-24A-2 (West 2008).
Sale of child pornography - S.D. CODIFIED LAWS § 22-24A-1 (West 2008).
Sexual exploitation of a minor - S.D. CODIFIED LAWS § 22-22-24.3 (West 2008).
Kidnapping, if the victim of the criminal act is a minor - S.D. CODIFIED LAWS § 22-19-1 (West 2008).
Promotion of prostitution of a minor - S.D. CODIFIED LAWS § 22-23-2(2) (West 2008).
Solicitation of a minor - S.D. CODIFIED LAWS § 22-24A-5 (West 2008).
Bestiality - S.D. CODIFIED LAWS § 22-22-42 (West 2008).
Indecent exposure - S.D. CODIFIED LAWS § 22-22-42-1.2 (West 2008).
Indecent exposure involving a child - S.D. CODIFIED LAWS § 22-22-42 (West 2008).
Any attempt to commit a crime listed above.
Any federal crime or court-martial offense that would constitute a sex crime under federal law.
Any crime committed in another state if that state also requires that anyone convicted of that crime register as a sex offender in that state.
If the victim is a minor:
Any sexual acts between a jail employee and a detainee - S.D. CODIFIED LAWS § 22-22-7.6 (West 2008).
Any sexual contact by a psychotherapist - S.D. CODIFIED LAWS § 22-22-28 (West 2008).
Any sexual penetration by a psychotherapist - S.D. CODIFIED LAWS § 22-22-29 (West 2008).
S.D.C.L. § 22-24B-8 (West 2008)
The registration shall include the following information which, unless otherwise indicated, shall be provided by the offender:
Name and all aliases used;
Complete description, photographs, fingerprints and palm prints collected and provided by the registering agency;
Residence, length of time at that residence including the date the residence was established, and length of time expected to remain at that residence;
The type of sex crime convicted of;
The date of commission and the date of conviction of any sex crime committed;
Social Security number on a separate confidential form;
Driver license number and state of issuance;
Whether or not the registrant is receiving or has received any sex offender treatment;
Employer name, address, and phone number or school name, address, and phone number
Length of employment or length of attendance at school;
Occupation or vocation;
Vehicle license plate number of any vehicle owned by the offender;
Information identifying any internet accounts of the offender as well as any usernames, screen names, and aliases that the offender uses on the internet;
A listing of all felony convictions, in any jurisdiction, for crimes committed as an adult and sex offense convictions and adjudications subject to sex offender registry provided by the offender and confirmed by the registering agency;
A description of the offense, provided by the prosecuting attorney;
Acknowledgment whether the offender is currently an inmate, parolee, juvenile in the department of corrections placement or under aftercare supervision, county or city jail inmate or detainee in a juvenile detention center, provided by the offender and confirmed by the administering body of the correctional facility;
Acknowledgment whether the offender is subject to community safety zone restrictions, provided by the registering agency; and
The name, address and phone number of two local contacts, who have regular interaction with the offender and the name, address and phone number of the offender's next of kin.
Community Notification and Websites
S.D.C.L. § 22-24B-15 (West 2008)
Registration records collected by local law enforcement agencies under this chapter, registration lists provided to local law enforcement by the Division of Criminal Investigation, and records collected by institutions for those persons required to register public records. S.D.C.L. § 22-24B-21 The Division of Criminal Investigation shall post and maintain on an internet site sex offender registration information.
Limitations on Residency or Employment
S.D.C.L. § 22-24B-23 (West 2008)
No person who is required to register as a sex offender under this chapter may establish a residence or reside within a community safety zone unless:
The person is incarcerated in a jail or prison or other correctional placement which is located within a community safety zone;
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, which is located within a community safety zone;
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;
The person established the residence before July 1, West 2008;
The school, public park, public pool, or public playground was built or established after the person's establishing residence at the location; or
The circuit court has entered an order under § 22-24B-28 exempting the offender from the provisions of §§ 22-24B-22 to 22-24B-28, inclusive. S.D.C.L. § 22-24B-24
Sex offenders also may not loiter in a community safety zone unless the offender was under 18 at the time of the offense.
S.D.C.L. § 22-24B-19 (West 2008)
(1) An offender may petition for removal from the sex offender registry after 10 years have elapsed
The registrable offense was statutory rape, and the offender was 21 years of age or younger;
The offense was a juvenile adjudication for a sex crime;
(3) The crime did not involve a child under the age of 13;
(4) The petitioner is not a repeat sex offender;
(5) The offender has completely complied with registration.
Within 10 days of entering state; 10 days of changing the address
Offenders register annually with a local law enforcement agency
First failure Class 1 misdemeanor; subsequent failures Class 6 felony
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