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

§ 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.