South Dakota

Megan’s Law for South Dakota

updated 1/31/2023

Contact Person: Peggy Nickerson will retire on June 8, 2023. Ashley Maberry will be the contact person           (605) 773-6159 – Attorney General’s Office, Division of Criminal Investigations
Offenders Required to Register: Registration of convicted sex offenders–Time limit–Violation as felony–Discharge. Any person who has been convicted for commission of a sex crime, as defined in § 22-24B-1, shall register in person as a sex offender. The term, convicted, includes a verdict or plea of guilty, a plea of nolo contendere, and a suspended imposition of sentence which has not been discharged pursuant to § 23A-27-14 before July 1, 1995.Any juvenile fourteen years or older at the time of the offense shall register as a sex offender if that juvenile has been adjudicated of rape as defined in subdivision 22-24B-1(1), or of an out-of-state or federal offense that is comparable to the elements of the crime of rape or any crime committed in another state if the state also requires a juvenile adjudicated of that crime to register as a sex offender in that state. The term, adjudicated, includes a court’s finding of delinquency, an admission, and a suspended adjudication of delinquency which has not been discharged pursuant to § 26-8C-4 before July 1, 2009.

The sex offender shall register within three business days of coming into any county to reside, temporarily domicile, attend school, attend postsecondary education classes, or work. Registration shall be with the chief of police of the municipality or the sheriff of the county in which the sex offender resides, temporarily domiciles, attends school, attends postsecondary education classes, or works. The sex offender shall notify the chief of police or sheriff if there is a change where the sex offender resides, attends school, or works. If the sex offender is not otherwise registered in the state, the sex offender shall register within three business days of coming into any county when the sex offender applies for or receives a South Dakota driver license, registers a motor vehicle, establishes a postal address, or registers to vote. A violation of this section is a Class 6 felony. Any person whose sentence is discharged pursuant to § 23A-27-14 after July 1, 1995, shall forward a certified copy of the formal discharge by certified mail to the Division of Criminal Investigation and to local law enforcement where the person is then registered under this section. Upon receipt of the notice, the person shall be removed from the sex offender registry open to public inspection and shall be relieved of further registration requirements under this section.

Any juvenile whose suspended adjudication is discharged pursuant to § 26-8C-4 after July 1, 2009, shall forward a certified copy of the formal discharge by certified mail to the Division of Criminal Investigation and to local law enforcement where the juvenile is then registered under this section. Upon receipt of the notice, the juvenile shall be removed from the sex offender registry open to public inspection and shall be relieved of further registration requirements under this section.

Information Collected: Information required for sex offender registration–DNA sample–Violation as felony. The registration shall include the following information which, unless otherwise indicated, shall be provided by the offender:

(1)      Name, date of birth, and all aliases used;

(2)      Complete description, photographs, fingerprints and palm prints collected and provided by the registering agency;

(3)      Residence, length of time at that residence including the date the residence was established, and length of time expected to remain at that residence;

(4)      The type of sex crime convicted of;

(5)      The date of commission and the date of conviction of any sex crime committed;

(6)      Social Security number on a separate confidential form;

(7)      Driver license or identification card number, state of issuance, and a photocopy of the driver license or identification card;

(8)      Whether or not the registrant is receiving or has received any sex offender treatment;

(9)      Employer name, address, and phone number or school name, address, and phone number;

(10)      Length of employment or length of attendance at school;

(11)      Occupation or vocation;

(12)      Vehicle license plate number of any vehicle owned or regularly operated by the offender;

(13)      Information identifying any internet accounts of the offender as well as any user names, screen names, and aliases that the offender uses on the internet;

(14)      A listing of all felony convictions, in any jurisdiction, for crimes committed as an adult and sex offense convictions and adjudications subject to sex offender registry provided by the offender and confirmed by the registering agency;

(15)      A description of the offense, provided by the prosecuting attorney;

(16)      Acknowledgment whether the offender is currently an inmate, parolee, juvenile in department of corrections placement or under aftercare supervision, county or city jail inmate or detainee in a juvenile detention center, provided by the offender and confirmed by the administering body of the correctional facility;

(17)      Acknowledgment whether the offender is subject to community safety zone restrictions, provided by the registering agency;

(18)      The name, address and phone number of two local contacts, who have regular interaction with the offender and the name, address and phone number of the offender’s next of kin;

(19)      Passport and any document establishing immigration status, including the document type and number along with a photocopy of the passport or immigration document; and

(20)      Any professional, occupational, business or trade license from any jurisdiction.

In addition, at the time of the offender’s registration, the registering agency will collect a DNA sample and submit the sample to the South Dakota State Forensic Laboratory in accordance with procedures established by the South Dakota State Forensic Laboratory. The collection of DNA at the time of the registration is not required if the registering agency can confirm that DNA collection and submission to the South Dakota State Forensic Laboratory has already occurred.

Any failure by the offender to accurately provide the information required by this section is a Class 6 felony.

Administrating Agency: Division of Criminal Investigations (DCI), local law enforcement.
Timeframe for Registration: Within three (3) business days of entering state; within three (3) business days of changing address. Re-registration = bi-annual (during birth month & then 6 months following).
Applies to Out of State Offenders: YES,  Any crime, court martial offense, or tribal offense committed in a place other than this states that constitutes a sex crime under this section if committed in this state; Any federal crime, court martial

offense, or tribal offense that constitutes a sex crime under federal law; Any crime committed in another state if that state also requires anyone convicted of that crime register as a sex offender in that state.

Duration of Requirement: Lifetime. (Some exceptions)
Verification of Address: The DCI shall mail a non-forwardable verification form at least once annually to the last reported address.  As of July 01, 2006 local Law Enforcement shall annually confirm the offenders address.
Penalties for Non-Compliance: SDCL 22-24B-12.1  Second or subsequent convictions. Any person who has been convicted of, or entered a plea of guilty to, one or more violations of SDCL 22-24B-2, 22-24B-5, 22-24B-6, 22-24B-7, 22-24B-8 or 22-24B-12 is guilty of a Class 5 felony for any second or subsequent conviction of SDCL 22-24B-2, 22-24B-5, 22-24B-6, 22-24B-7, 22-24B-8 or 22-24B-12.In addition to SDCL 22-24B-12.2 , 22-24B-23 and 22-24B-24 SDCL 22-24B-31 = Class 4 felony
Access to Information: The Division of Criminal Investigation (DCI) sexual offender registration file is available to all law enforcement agencies on a twenty-four hour basis.Public internet access located at http://sor.sd.gov.
Confidentiality Provision: Any person who commits any crime as a result of information gained through the sex offender registry or through public information pursuant to § 22-24B-16 is guilty of a Class 6 felony. Such liability is in addition to any other civil or criminal penalties.
Number Registered: 3,877 as of 1/31/2023
Percent Compliance: 97.8%
Internet Access: South Dakota Sex Offender Registry
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