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 § 22-24B-19

Title 22CRIMES

Ch. 22-22ASEX OFFENDER REGISTRY

This text of South Dakota § 22-24B-19 (Criteria for removal--Tier I offender.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 22-24B-19 (2026).

Text

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

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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.