South Dakota § 22-24B-19 Criteria for removal--Tier I offender.

South Dakota Statutes

§ 22-24B-19 — Criteria for removal--Tier I offender.

South Dakota·Title 22 CRIMES·Ch. 22-22A SEX OFFENDER REGISTRY

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 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 thre

Free access — add to your briefcase to read the full text and ask questions with AI

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 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 any image or recording 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 subsections (2)(a), (2)(b), (2)(c), or (2)(d); (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 petitioner 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 the incarceration or confinement was for the sex offense requiring registration or for some other offense.

South Dakota § 22-24B-19 (Criteria for removal--Tier I offender.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.