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South Dakota LEGISLATION
S.D. Codified Laws § 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.
Amendment History: The 2006 amendment, in subdivision (2), substituted “Felony sexual contact” for ”Sexual contact”; deleted “and the adult is convicted of a felony” following ”adult”; in subdivision (3), deleted “if committed by an adult” following ”§ 22-22-7.2”; in subdivision (4), deleted “as set forth in § 22-22-19.1” following ”Incest”; and, in subdivision (13), deleted aggravated” following “Felony.”
The 2008 amendment added (20).
The 2010 amendment by ch 117, added “or any conspiracy or solicitation to commit any of the crimes listed in this section” in (15).
The 2010 amendment by ch 119, added “felony” following “§ 22-24-1 or” in (11).
The 2016 amendments to this section by ch. 126, in (15), added “conspiracy, or solicitation” and deleted “or any conspiracy or solicitation to commit any of the crimes listed in this section”; in (16), added “court martial offense, or tribal offense” and substituted “state that constitutes a sex crime” for “state which would constitute a sex crime”; substituted “court martial offense, tribal offense that constitutes a sex crime” for “court martial offense that would constitute a sex crime” in (17); deleted “that” preceding “anyone convicted” in (18) and made a stylistic change.
The 2020 amendment by ch. 87 added (23); and made a related change.
The 2021 amendment by ch. 98 added (24) and (25); and made a related change.