reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-15 - Property subject to forfeiture.

22-24A-15. Property subject to forfeiture.
Any person who is convicted of an offense under §§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, or under 18 U.S.C. §§1466A, 1470, 1591, 2251, 2251A, 2252, 2252A, 2252B, 2252C, 2260, 2421, 2422, and 2423, as of January 1, 2016, shall forfeit to the state, pursuant to chapter 23A-49, the person's interest in the following and no property right exists in them:
(1)Any photograph, film, videotape, book, digital media or visual depiction that has been manufactured, distributed, purchased, possessed, acquired, or received in violation of §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive;
(2)Any material, product, and equipment of any kind that is used or intended for use in manufacturing, processing, publishing, selling, possessing, or distributing any visual depiction proscribed by §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive;
(3)Any property that is used, or intended for use, as a container for property described in subdivisions (1) and (2) of this section, including any computers and digital media;
(4)Any conveyances including aircraft, vehicles, or vessels, that transport, possess, or conceal, or that is used, or intended for use, to transport, or in any manner facilitate any activity proscribed under §§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;
(5)Any book, record, and research, including microfilm, tape, and data that is used, or intended for use, in 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, and 43-43B-1 to 43-43B-3, inclusive;
(6)Any funds or other things of value used for the purposes of unlawfully carrying out any activity 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, 43-43B-1 to 43-43B-3, inclusive, and 22-23-2, 22-23-8, and 22-23-9; and
(7)Any asset, interest, profit, income, and proceed acquired or derived from the unlawful activity 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, 43-43B-1 to 43-43B-3, inclusive, and 22-23-2, 22-23-8, and 22-23-9.
Any property described in subdivision (1) of this section shall be deemed contraband and shall be summarily forfeited to the state. Property described in subdivisions (2), (3), (5), (6), and (7) is subject to forfeiture under the terms of §23A-49-14, and property described in subdivision (4) is subject to forfeiture under the terms of §23A-49-15.
Source:
SL 2002, ch 109, §22; SDCL §22-22-24.15; SL 2005, ch 120, §§407, 412; SL 2014, ch 109, §1; SL 2015, ch 129, §1; SL 2016, ch 125, §1; SL 2016, ch 138, §22.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-16 - Internet service providers to report suspected violations of child pornography laws--Permitting subscriber to use service for child pornography prohibited--Misdemeanor.

22-24A-16. Internet service providers to report suspected violations of child pornography laws--Permitting subscriber to use service for child pornography prohibited--Misdemeanor.
Any person working at or for an internet service provider or other electronic communication service who has knowledge of or observes, within the scope of the person's professional capacity or employment, a visual depiction that depicts a minor whom the person knows or reasonably should know to be under the age of eighteen, engaged in prohibited sexual acts or in the simulation of prohibited sexual acts, shall report the depiction to his or her employer or supervisor. The depiction shall then be reported to an appropriate law enforcement agency as soon as reasonably possible. The provider need not report to law enforcement depictions involving mere nudity of the minor, but shall report visual depictions involving prohibited sexual acts. This section may not be construed to require a provider to review all visual depictions received by subscribers or handled by the provider within the provider's professional capacity or employment.
It is unlawful for any owner or operator of a computer on-line service, internet service, or local internet bulletin board service knowingly to permit a subscriber to utilize the service to produce or reproduce visual depictions of prohibited sexual acts with a minor.
A violation of this section is a Class 1 misdemeanor. However, a violation of this section does not constitute grounds for a civil action for damages against any person.
Source:
SL 2002, ch 109, §23; SDCL, §22-22-24.16; SL 2005, ch 120, §407.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-17 - Film processors to report suspected violations of child pornography laws--Permitting use of services for child pornography prohibited--Misdemeanor.

22-24A-17. Film processors to report suspected violations of child pornography laws--Permitting use of services for child pornography prohibited--Misdemeanor.
Any person working at or for a commercial film and photograph print processor who has knowledge of or observes, within the scope of the processor's professional capacity or employment, a film, photograph, video tape, negative, slide or other visual depiction that depicts a minor whom the processor knows or reasonably should know to be under the age of eighteen, engaged in prohibited sexual acts or in the simulation of prohibited sexual acts, shall report the depiction to his or her employer or supervisor. The depiction shall then be reported to an appropriate law enforcement agency as soon as reasonably possible. The processor need not report to law enforcement depictions involving mere nudity of the minor, but shall report visual depictions involving prohibited sexual acts. This section may not be construed to require a processor to review all films, photographs, videotapes, negatives, or slides delivered to the processor within the processor's professional capacity or employment.
It is unlawful for any owner or operator of a photography or film studio, photograph or film developing service, photograph or film reproducing service, or video to film reproducing service knowingly to permit any person to utilize photograph or film reproduction or development services to produce or reproduce visual depictions of prohibited sexual acts with a minor.
A violation of this section is a Class 1 misdemeanor. However, a violation of this section does not constitute grounds for a civil action for damages against any person.
Source:
SL 2002, ch 109, §24; SDCL, §22-22-24.17; SL 2005, ch 120, §407.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-18 - Computer repair technicians to report suspected violations of child pornography laws--Misdemeanor.

22-24A-18. Computer repair technicians to report suspected violations of child pornography laws--Misdemeanor.
Any commercial computer repair technician who has knowledge of or observes, within the scope of the technician's professional capacity or employment, a film, photograph, video tape, negative, slide or other visual depiction of a minor whom the technician knows or reasonably should know to be under the age of eighteen, engaged in prohibited sexual acts or in the simulation of prohibited sexual acts, shall report the depiction to an appropriate law enforcement agency as soon as reasonably possible. The computer repair technician need not report to law enforcement depictions involving mere nudity of the minor, but shall report visual depictions involving prohibited sexual acts. This section may not be construed to require a computer repair technician to review all data, disks, or tapes delivered to the computer repair technician within the computer repair technician's professional capacity or employment.
A violation of this section is a Class 1 misdemeanor. However, a violation of this section does not constitute grounds for a civil action for damages against any person.
Source:
SL 2002, ch 109, §25; SDCL, §22-22-24.18; SL 2005, ch 120, §407.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-19 - Certain child protection laws inapplicable to performance of official duties or bona fide treatment or professional education program.

22-24A-19. Certain child protection laws inapplicable to performance of official duties or bona fide treatment or professional education program.
The provisions 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, and 43-43B-1 to 43-43B-3, inclusive, do not apply to the performance of official duties by any law enforcement officer, court employee, attorney, licensed physician, psychologist, social worker, or any person acting at the direction of a licensed physician, psychologist, or social worker in the course of a bona fide treatment or professional education program.
Source:
SL 2002, ch 109, §26; SDCL §22-22-24.19; SL 2005, ch 120, §§407, 413; SL 2014, ch 109, §26.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-20 - Exemption of publications with redeeming social value.

22-24A-20. Exemption of publications with redeeming social value.
The provisions of §§22-22-24.3, 22-24A-1, 22-24A-1.1, 22-24A-3, 22-24A-3.1, and 22-24A-5 do not apply to the selling, lending, distributing, exhibiting, giving away, showing, possessing, or making of films, photographs, or other materials involving only nudity, if the materials are made for and have a serious literary, artistic, educational, or scientific value.
Source:
SL 1978, ch 159, §5; SL 2002, ch 109, §33; SDCL, §22-22-25; SL 2005, ch 120, §§407, 414; SL 2021, ch 98, § 4.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-1 - Sex crimes determined.

22-24B-1. Sex crimes determined.
For the purposes of §§22-24B-2 to 22-24B-14, inclusive, a sex crime is any of the following crimes regardless of the date of the commission of the offense or the date of conviction:
(1)Rape as set forth in §22-22-1;
(2)Felony sexual contact with a minor under sixteen as set forth in §22-22-7 if committed by an adult;
(3)Sexual contact with a person incapable of consenting as set forth in §22-22-7.2;
(4)Incest if committed by an adult;
(5)Possessing, manufacturing, or distributing child pornography as set forth in §22-24A-3;
(6)Sale of child pornography as set forth in §22-24A-1;
(7)Sexual exploitation of a minor as set forth in §22-22-24.3;
(8)Kidnapping, as set forth in §22-19-1, if the victim of the criminal act is a minor;
(9)Promotion of prostitution of a minor as set forth in subdivision 22-23-2(2);
(10)Criminal pedophilia as previously set forth in §22-22-30.1;
(11)Felony indecent exposure as previously set forth in former §22-24-1 or felony indecent exposure as set forth in §22-24-1.2;
(12)Solicitation of a minor as set forth in §22-24A-5;
(13)Felony indecent exposure as set forth in §22-24-1.3;
(14)Bestiality as set forth in §22-22-42;
(15)An attempt, conspiracy, or solicitation to commit any of the crimes listed in this section;
(16)Any crime, court martial offense, or tribal offense committed in a place other than this state that constitutes a sex crime under this section if committed in this state;
(17)Any federal crime, court martial offense, or tribal offense that constitutes a sex crime under federal law;
(18)Any crime committed in another state if that state also requires anyone convicted of that crime register as a sex offender in that state;
(19)If the victim is a minor:
(a)Any sexual acts between a jail employee and a detainee as set forth in §22-22-7.6;
(b)Any sexual contact by a psychotherapist as set forth in §22-22-28; or
(c)Any sexual penetration by a psychotherapist as set forth in §22-22-29;
(20)Intentional exposure to HIV infection as set forth in subdivision (1) of §22-18-31;
(21)First degree human trafficking as set forth in §22-49-2 if the victim is a minor;
(22)Second degree human trafficking as set forth in §22-49-3 involving the prostitution of a minor;
(23)Felony use or dissemination of visual recording or photographic device without consent and with intent to self-gratify, harass, or embarrass as set forth in §22-21-4;
(24)Manufacturing or distributing a child-like sex doll as set forth in §22-24A-1.1; or
(25)Felony conviction of purchasing or possessing a child-like sex doll as set forth in §22-24A-3.1.
Source: SL 1994, ch 174, §1; SL 1995, ch 123, §1; SL 1997, ch 134, §1; SL 1998, ch 136, §4; SL 2002, ch 109, §11; SL 2002, ch 110, §1; SL 2003, ch 127, §4; SL 2004, ch 153, §1; SDCL §
22-22-30
; SL 2005, ch 120, §§415, 416; SL 2006, ch 123, §1; SL 2008, ch 110, §1; SL 2010, ch 117, §1; SL 2010, ch 119, §9; SL 2015, ch 130, §1; SL 2016, ch 126, §1; SL 2020, ch 87, § 1; SL 2021, ch 98, § 5.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-1.1 - Business day defined.

22-24B-1.1. Business day defined.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-2.1 - Sex offender registry consists of three tiers.

22-24B-2.1. Sex offender registry consists of three tiers.
The sex offender registry shall consist 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. Placement in Tier I requires registrants to register for a minimum of ten years.
Source:
SL 2010, ch 119, §7.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-3 - Work defined.

22-24B-3. Work defined.
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 purpose of government or educational benefit.
Source:
SL 2005, ch 120, §424.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-4 - Attends school and attends classes defined.

22-24B-4. Attends school and attends classes defined.
As used in §22-24B-2, the term, attends school, and the term, attends classes, refer to any person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade, or professional institution, or institution of higher education.
Source:
SL 2005, ch 120, §425.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-5 - Annual verification form mailed to registered offender--Return of form--Failure to return form--Violation as felony.

22-24B-5. Annual verification form mailed to registered offender--Return of form--Failure to return form--Violation as felony.
The Division of Criminal Investigation shall mail a nonforwardable verification form at least once annually to the last reported address of each person registered under §22-24B-2. The person shall return the verification form to the Division of Criminal Investigation within ten days after receipt of any such form. The verification form shall be signed by the person required to register and shall state that the person still resides at the address last reported to the Division of Criminal Investigation. If the person fails to return the verification form to the Division of Criminal Investigation within ten days after receipt of the form, the person is in violation of this section. Nonreceipt of a registration verification does not constitute a defense to failure to comply with this section. A violation of this section is a Class 6 felony.
Source:
SL 1995, ch 123, §3; SL 2002, ch 110, §3; SDCL, §22-22-31.1; SL 2005, ch 120, §415; SL 2006, ch 123, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-6 - Commencement or change in enrollment or employment--Report to local law enforcement--Time limit--Violation as felony.

22-24B-6. Commencement or change in enrollment or employment--Report to local law enforcement--Time limit--Violation as felony.
Any person who is registered as required by §22-24B-2 and who is employed, carries on a vocation, or attends postsecondary classes at an institution of higher education, institution of higher learning, or technical college in this state shall, within three business days of any commencement and within three business days of termination of enrollment or employment or change in employer, report to the chief of police or county sheriff where the institution is located and complete a registration update form. A violation of this section is a Class 6 felony.
Source:
SL 2003, ch 125, §1; SDCL §22-22-31.3; SL 2005, ch 120, §415; SL 2006, ch 123, §5; SL 2010, ch 118, §2; SL 2020, ch 61, § 53.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-7 - Registration every six months--Violation as felony.

22-24B-7. Registration every six months--Violation as felony.
Any person who is subject to the provisions of §22-24B-2 shall reregister every six months in the same manner as may be provided by law for initial registration. Such person shall reregister during the calendar month during which the registrant was born and six months following the person's birth month.
A violation of this section is a Class 6 felony.
Source:
SL 2003, ch 126, §1; SDCL, §22-22-31.4; SL 2005, ch 120, §415; SL 2006, ch 123, §6.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-8.1 - Annual confirmation by law enforcement of residence address.

22-24B-8.1. Annual confirmation by law enforcement of residence address.
The chief of police in the municipality in which the sex offender resides, or if no chief of police exists, the sheriff of the county, shall annually confirm that the address listed on the sex offender registry matches the residence of each registered sex offender. Such confirmation shall be submitted to the Division of Criminal Investigation.
Source:
SL 2006, ch 123, §4.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-9 - Information from sex offender registry--Specifics included.

22-24B-9. Information from sex offender registry--Specifics included.
When a law enforcement official provides information from the sex offender registry, the information shall include the offender's name, address, the type of sex crime convicted of, and the date of the commission of the crime and the date of conviction of any sex crime committed.
Source:
SL 1998, ch 134, §1; SDCL, §22-22-32.1; SL 2005, ch 120, §415.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-10 - Registration forwarded to Division of Criminal Investigation--Files open to public--Exceptions.

22-24B-10. Registration forwarded to Division of Criminal Investigation--Files open to public--Exceptions.
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 registrations and shall make them available to state, county, and municipal law enforcement agencies on a twenty-four hour basis. An offender's registration compliance status and registration information, other than the registrant's social security number, victim name, DNA sample, and the names, addresses, and phone numbers for local contacts and next of kin are public information. The provisions of §§23-5-11 and 23-6-14 do not apply to providing files pursuant to §§22-24B-1 to 22-24B-14, inclusive.
Source:
SL 1994, ch 174, §4; SL 1995, ch 123, §4; SDCL, §22-22-33; SL 2005, ch 120, §415; SL 2006, ch 123, §8.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-11 - Availability of sex offenders' files--Participation in National Sex Offender Public Registry.

22-24B-11. Availability of sex offenders' files--Participation in National Sex Offender Public Registry.
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 regional or national registry of sex offenders and shall make such files available when requested pursuant to §§22-24B-1 to 22-24B-14, inclusive.
Source:
SL 1994, ch 174, §4A; SDCL, §22-22-34; SL 2005, ch 120, §415; SL 2006, ch 124, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-12 - Written notice of new location or address required--Time limit--Violation as felony.

22-24B-12. Written notice of new location or address required--Time limit--Violation as felony.
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 writing, within three business days. The law enforcement agency shall, within three days of receipt of the person's information under this section, forward the information to the Division of Criminal Investigation and to the law enforcement agency having jurisdiction over the person's new location or residence. A failure to register pursuant to this section is a Class 6 felony for a first offense. Any second or subsequent violation of the provisions of this section is a Class 5 felony.
Source:
SL 1994, ch 174, §5; SL 2002, ch 110, §4; SDCL §22-22-36; SL 2005, ch 120, §415; SL 2006, ch 123, §9; SL 2008, ch 111, §1; SL 2011, ch 117, §1; SL 2018, ch 133, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-12.1 - Second or subsequent convictions.

22-24B-12.1. Second or subsequent convictions.
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, 22-24B-8 or 22-24B-12.
Source:
SL 2006, ch 123, §10.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-12.2 - Notice in person of new location or address outside of state--Time limit--Violation as felony.

22-24B-12.2. Notice in person of new location or address outside of state--Time limit--Violation as felony.
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 new location or address, in person pursuant to the provisions of §22-24B-2, not less than three business days prior to leaving the state. The law enforcement agency shall, within three days of the receipt of the person's information under this section, forward the information to the Division of Criminal Investigation and to the law enforcement agency having jurisdiction over the person's new location or residence. A failure to register pursuant to this section is a Class 6 felony for a first offense. Any second or subsequent violation of the provisions of this section is a Class 5 felony.
Source:
SL 2018, ch 133, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-13 - Duty of institutions to inform convicted sex offenders of registration requirements and community safety zone restrictions.

22-24B-13. Duty of institutions to inform convicted sex offenders of registration requirements and community safety zone restrictions.
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 other facility in this state where the person was confined because of a conviction of an offense as described in §22-24B-1 shall, prior to discharge, parole, furlough, work release, or similar program outside the facility, or release, be informed of the duty to register under §§22-24B-1 to 22-24B-14, inclusive, and informed of community safety zone restrictions, by the institution in which the person was confined. The institution shall require the person to read and sign any forms as may be required by the Division of Criminal Investigation stating that the duty to register, community safety zone restrictions, and the procedure for registration have been explained. The institution shall obtain the address where the person plans to reside upon discharge, parole, furlough, work release, or similar program outside the facility, or release and shall report the address to the Division of Criminal Investigation. The institution shall give one copy of the form to the person and shall send one copy to the Division of Criminal Investigation and one copy to the law enforcement agency having jurisdiction where the person plans to reside upon discharge, parole, furlough, work release, or similar program outside the facility, or release, and one copy to the office of the state's attorney in the county in which the person was convicted.
Source:
SL 1994, ch 174, §7; SL 1995, ch 123, §9; SDCL §22-22-38; SL 2005, ch 120, §415; SL 2006, ch 125, §8; SL 2011, ch 1 (Ex. Ord. 11-1), §134, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-14 - Duty of court to inform sexual offenders of registration requirement and community safety zone restrictions.

22-24B-14. Duty of court to inform sexual offenders of registration requirement and community safety zone restrictions.
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-1 to 22-24B-14, inclusive, and informed of community safety zone restrictions, by the court in which the person was convicted. The court shall require the person to read and sign any forms as may be required by the Division of Criminal Investigation stating that the duty to register, community safety zone restrictions, and the procedure for registration have been explained. The court shall obtain the address where the person plans to reside upon release and shall report the address to the Division of Criminal Investigation. The court shall give one copy of the form to the person and shall send one copy to the Division of Criminal Investigation and one copy to the law enforcement agency having jurisdiction where the person plans to reside upon release.
Source:
SL 1994, ch 174, §8; SL 1995, ch 123, §10; SDCL, §22-22-39; SL 2005, ch 120, §415; SL 2006, ch 125, §9.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-15 - Registration records and lists as public records--Confidentiality of victim identifying information.

22-24B-15. Registration records and lists as public records--Confidentiality of victim identifying information.
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 to register under the provisions of §§22-24B-1 to 22-24B-14, inclusive, is a public record as provided in chapter 1-27.
Nothing in this section permits the release of the name or any identifying information regarding the victim of the crime to any person other than law enforcement agencies, and such victim identifying information is confidential.
Source:
SL 1995, ch 123, §5; SDCL, §22-22-40; SL 2005, ch 120, §§415, 419.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-16 - Penalties for crime committed as result of information from sex offender registry.

22-24B-16. Penalties for crime committed as result of information from sex offender registry.
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, ch 123, §6; SDCL, §22-22-41; SL 2005, ch 120, §415.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-17 - Petition for removal from sex offender registry--Service--Response.

22-24B-17. Petition for removal from sex offender registry--Service--Response.
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 obligation to register. If the person seeking removal from the registry is not a resident of this state, but is required to register under other requirements of §22-24B-2, then the person may petition the circuit court of any county of this state where the person is currently registered. The offender shall serve the petition and all supporting documentation on the state's attorney in the county where the offender is currently registered, the office of the prosecutor in the jurisdiction where the offense occurred, and the attorney general. The attorney general's office shall respond to each petition to request removal from the sex offender registry.
No person petitioning the court under this section for an order terminating the person's obligation to register is entitled to court appointed counsel, experts, or publicly funded witnesses.
Source: SL 2005, ch 120, §420; SL 2010, ch 119, §6; SL 2023, ch 72, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-18 - Petition and documentation--Contents.

22-24B-18. Petition and documentation--Contents.
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 register;
(3)A certified copy of judgment of conviction or other sentencing document; and
(4)The offender's criminal record and a detailed description of those offenses.
Source:
SL 2005, ch 120, §421.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-19 - Criteria for removal from registry as Tier I offender.

22-24B-19. Criteria for removal from registry as Tier I offender.
To be eligible for removal from the registry as a Tier I offender, the petitioner shall 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 chapter;
(2)The crime requiring registration was for:
(a)Statutory rape under subdivision 22-22-1(5), or an attempt to commit statutory rape under subdivision 22-22-1(5), but only if the petitioner was twenty-one years of age or younger at the time the offense was committed or attempted;
(b)A juvenile adjudication for a sex crime as defined in subdivision 22-24B-1(1);
(c)Sexual contact under §22-22-7 if the victim was between the ages of thirteen and sixteen and the petitioner was at least three years older than the victim, but only if the petitioner was twenty-one years of age or younger at the time the offense was committed;
(d)Felony use or dissemination of visual recording or photographic device without consent under §22-21-4; or
(e)An out-of-state, federal or court martial offense that is comparable to the elements of the crimes listed in (a), (b), or (c);
(3)The circumstances surrounding the crime requiring registration did not involve a child under the age of thirteen;
(4)The petitioner is not a recidivist sex offender;
(5)The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B; and
(6)Petitioner demonstrates to the satisfaction of the court that he or she does not pose a risk or danger to the community.
For purposes of this section, any period of time during which the petitioner was incarcerated or during which the petitioner was confined in a mental health facility does not count toward the five-year calculation, regardless of whether such incarceration or confinement was for the sex offense requiring registration or for some other offense.
Source:
SL 2005, ch 120, §422; SL 2010, ch 119, §1; SL 2016, ch 127, §1; SL 2020, ch 87, § 3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-19.1 - Criteria for removal from registry as Tier II offender.

22-24B-19.1. Criteria for removal from registry as Tier II offender.
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 to this chapter;
(2)The crime requiring registration was for:
(a)Incest as defined in §22-22A-2; or
(b)An out-of-state, federal or court martial offense that is comparable to the elements of incest as defined in §22-22A-2; or
(c)Bestiality as set forth in §22-22-42;
(3)The circumstances surrounding the crime requiring registration did not involve a child under the age of thirteen;
(4)The petitioner is not a recidivist sex offender;
(5)The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B; and
(6)Petitioner demonstrates to the satisfaction of the court that he or she does not pose a risk or danger to the community.
For purposes of this section, any period of time during which the petitioner was incarcerated or during which the petitioner was confined in a mental health facility does not count toward the twenty-five year calculation, regardless of whether such incarceration or confinement was for the sex offense requiring registration or for some other offense.
Source:
SL 2010, ch 119, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-19.2 - Tier III offender defined.

22-24B-19.2. Tier III offender defined.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › 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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-19.4 - Criteria for removal from registry--Removed from out-of-state registry.

22-24B-19.4. Criteria for removal from registry--Removed from out-of-state registry.
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 petition to be removed from the registry of this state if the offender is eligible to be removed under the laws of the jurisdiction where the conviction occurred. In addition to the documentation required pursuant to §22-24B-18, to be eligible to be removed under this section, the petitioner must provide a certified copy of the final order from the convicting jurisdiction removing the offender from the registry of the convicting jurisdiction.
Source: SL 2023, ch 72, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-20 - Order for removal of name from sex offender registry--Denial of petition.

22-24B-20. Order for removal of name from sex offender registry--Denial of petition.
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 this state and require the removal of petitioner's name from the registry. However, if the court finds that the offender has provided false, misleading, or incomplete information in support of the petition, or failed to serve the petition and supporting documentation upon the respondent, then the petition may be denied. If the petition is denied, the petitioner may not file a subsequent petition for at least two years from the date the previous petition was denied.
Source: SL 2005, ch 120, §423; SL 2010, ch 119, §5; SL 2023, ch 72, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-21 - Internet site with sex offender registration information--Division and registering agency not liable for good faith conduct.

22-24B-21. Internet site with sex offender registration information--Division and registering agency not liable for good faith conduct.
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 in §22-24B-1, dates of commission and the dates of conviction of any sex crime committed, community safety zone restrictions, offense description, and the offender's status as an inmate, parolee, or person who has completed their correctional placement.
The division shall update sex offender registration information on the internet site within three business days of receipt from the registering agency. The division and the registering agency are not civilly or criminally liable for good faith conduct under this section or §22-24B-11.
Source:
SL 2006, ch 124, §1; SL 2011, ch 117, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-22 - Definitions.

22-24B-22. Definitions.
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 school, public park, public playground, or public pool, including the facilities and grounds itself;
(2)"Loiter," to remain for a period of time and under circumstances that a reasonable person would determine is for the primary purpose of observing or contacting minors;
(3)"School," any public, private, denominational, or parochial school offering preschool, kindergarten, or any grade from one through twelve accredited through the Department of Education. This term does not apply to any facility where the education of students might occur incidentally to the primary purpose of the facility;
(4)"Residence," the address a person lists for purposes of the sex offender registry under §22-24B-12 and subdivision 22-24B-8(3).
Source:
SL 2006, ch 125, §1; SL 2018, ch 133, §3; SL 2021, ch 99, § 1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-23 - Restrictions on residence within community safety zone--Violation as felony.

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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-23.1 - Secondary registered location or address--Notification of law enforcement--Violation as misdemeanor.

22-24B-23.1. Secondary registered location or address--Notification of law enforcement--Violation as misdemeanor.
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 violation of this section is a Class 1 misdemeanor.
Source:
SL 2018, ch 134, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-24 - Loitering within community safety zone or public library prohibited--Exception--Violation as felony.

22-24B-24. Loitering within community safety zone or public library prohibited--Exception--Violation as felony.
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 adult or 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, §3; SL 2014, ch 110, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-25 - Inconsistent local ordinances on residence and community access prohibited.

22-24B-25. Inconsistent local ordinances on residence and community access prohibited.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24B - Sex Offender Registry › Section 22-24B-26 - Petition for order of exemption from safety zone restrictions--Contents--Service--Response.

22-24B-26. Petition for order of exemption from safety zone restrictions--Contents--Service--Response.
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 terminate the person's obligation to comply with the community safety zone restrictions. The offender shall serve the petition and all supporting documentation on the state's attorney in the county where the offender currently resides, the office of the prosecutor in the jurisdiction where the offense occurred, and the Office of the Attorney General. The state's attorney in the county where the offender currently resides shall respond to each petition to request exemption from the community safety zone restrictions.
No person petitioning the court under this section for an order terminating the persons's obligation to comply with community safety zone restrictions is entitled to court appointed counsel, publicly funded experts, or publicly funded witnesses.
The petition and documentation to support the request for exemption from the community safety zone restrictions shall include:
(1)All 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 subject to community safety zone restrictions;
(3)A certified copy of judgment of conviction or other sentencing document; and
(4)The offender's criminal record.
The court may request that the petitioner provide additional information if the information provided is incomplete or if the court desires more information relative to the request for exemption.
Source:
SL 2006, ch 125, §5.