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

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.

Source: SL 2005, ch 120, § 422; SL 2010, ch 119, § 1; SL 2016, ch 127, § 1; SL 2020, ch 87, § 3; SL 2024, ch 88, § 1.



SDLRC - Codified Law 22-24B-19 - Criteria for removal--Tier I offender.

22-24B-19.1. Criteria for removal from registry as Tier II offender.

To be eligible for removal from the registry as a Tier II offender, the petitioner shall show, by clear and convincing evidence, that all of the following criteria have been met:

(1)    At least twenty-five years have elapsed since the date the petitioner first registered pursuant to this chapter;

(2)    The crime requiring registration was for:

(a)    Incest as defined in § 22-22A-2; or

(b)    An out-of-state, federal or court martial offense that is comparable to the elements of incest as defined in § 22-22A-2; or

(c)    Bestiality as set forth in § 22-22-42;

(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 he or she 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 twenty-five year calculation, regardless of whether such incarceration or confinement was for the sex offense requiring registration or for some other offense.

Source: SL 2010, ch 119, § 2.



SDLRC - Codified Law 22-24B-19 - Criteria for removal--Tier I offender.

22-24B-19.2. Tier III offender defined.

Any person, who is on the sex offender registry and who is not eligible for removal pursuant to §§ 22-24B-19 and 22-24B-19.1, is a Tier III offender.

Source: SL 2010, ch 119, § 3.



SDLRC - Codified Law 22-24B-19 - Criteria for removal--Tier I offender.

22-24B-19.3. Recidivist sex offender defined.

A recidivist sex offender is a person who has been convicted or adjudicated for more than one sex crime listed in § 22-24B-1, regardless of when those convictions or adjudications occurred. However, no person is a recidivist sex offender unless the person committed the second sex crime after having been convicted or adjudicated of a previous sex crime. For purposes of this section, a conviction or adjudication includes a verdict or plea of guilty; a verdict or plea of guilty but mentally ill; a plea of nolo contendere; a suspended imposition of sentence granted under § 23A-27-13, regardless of whether it has been discharged; a deferred prosecution agreement entered by a prosecutor; and a determination made in another state, federal jurisdiction, or courts martial that is comparable to any of these events.

Source: SL 2010, ch 119, § 4.



SDLRC - Codified Law 22-24B-19 - Criteria for removal--Tier I offender.

22-24B-19.4. Criteria for removal from registry--Removed from out-of-state registry.

Notwithstanding §§ 22-24B-19 and 22-24B-19.1, an offender who is required to register in this state as a sex offender because of any crime committed in another jurisdiction, if that jurisdiction also requires anyone convicted of that crime to register as a sex offender, may petition to be removed from the registry of this state if the offender is eligible to be removed under the laws of the jurisdiction where the conviction occurred. In addition to the documentation required pursuant to § 22-24B-18, to be eligible to be removed under this section, the petitioner must provide a certified copy of the final order from the convicting jurisdiction removing the offender from the registry of the convicting jurisdiction.

Source: SL 2023, ch 72, § 1.