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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; or

(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.

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.


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