South Dakota § 22-24B-23 - Restrictions on residence within community safety zone--Penalty.

§ 22-24B-23. Restrictions on residence within community safety zone--Penalty.

No person who is required to register as a sex offender pursuant to this chapter may establish a residence or reside within a community safety zone unless:

(1)    The person is incarcerated in a jail or prison or other correctional placement which is located within a community safety zone;

(2)    The person is on parole or probation and has been assigned to a halfway house or supervised living center within a community safety zone;

(3)    The person is homeless and has been admitted to a community homeless shelter within a community safety zone by an appropriate community official;

(4)    The person is placed in a health care facility licensed pursuant to chapter 34-12, or certified under Title XVIII or XIX of the Social Security Act as amended to December 31, 2001, or receiving services from a community service provider accredited or certified by the Department of Human Services or the Department of Social Services, which is located within a community safety zone;

(5)    The person was under age eighteen at the time of the offense and the offender was not tried and convicted of the offense as an adult;

(6)    The person established and inhabited the residence as of:

(a)    July 1, 2006, if the community safety zone includes a school, public park, public playground, or public pool; or

(b)    July 1, 2024, if the community safety zone includes a domestic abuse shelter or sexual assault shelter;

(7)    The site listed in subdivision 22-24B-22(1) was built or established subsequent to the person's establishing residence at the location; or

(8)    The circuit court has entered an order pursuant to § 22-24B-28 exempting the offender from the provisions of §§ 22-24B-22 to 22-24B-28, inclusive.

A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5 felony.

Source: SL 2006, ch 125, § 2; SL 2010, ch 120, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 134, eff. Apr. 12, 2011; SL 2012, ch 128, § 1; SL 2018, ch 134, § 2; SL 2024, ch 89, § 2; SL 2026, ch 108, § 1, eff. Feb. 17, 2026; SL 2026, ch 107, § 2.