§ 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, distributing, or manufacturing child pornography as set forth in §§ 22-24A-35 to 22-24A-37 , inclusive; (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 .

Legislative History

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; SL 2024, ch 87, § 13.