Megan’s Law for South Dakota

updated 11/1/2017

Contact Person: Peggy Nickerson (605) 773-2596 – Attorney General’s Office, Division of Criminal Investigations
Offenders Required to Register: Any person who has been convicted for commission of a sex crime, as defined in SDCL 22-24B-1, shall register 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.  Any juvenile fourteen years or older at the time of the offense shall register as a sex offender if that juvenile has been adjudicated 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 these crimes of rape or any crime committed in another state if that state also requires a juvenile adjudicated of that crime to register as a sex offender in that state. 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. 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’s license, registers a motor vehicle, establishes a postal address, or registers to vote. A violation of this section is a Class 6 felony.
Information Collected: Name and all aliases used; Complete description, photographs, DNA, fingerprints, including palm prints; Social Security Number; Residence, length of time at that residence, and length of time expected to remain at that residence; the type of sex crime convicted of; and the date of commission and the date of conviction of any sex crime committed. Driver’s license  OR IDENTIFICATION CARD NUMBER and state of issuance; vehicle information OF ANY VEHICLE OWNED OR REGULARLY OPERATED; whether or not the registrant is receiving or has received any sex offender treatment; employment information & school information; internet accounts and user name(s); list of all felony convictions; local contacts information; 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; acknowledgment whether the offender is subject to community safety zone restrictions; Passport and any document establishing immigration status, including the document type and number; Any professional, occupational, business or trade license from any jurisdiction.
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 committed in another state if that state also requires that anyone convicted of that crime register as a sex offender in that state; any federal crime or court martial that would constitute a sex crime under federal law.
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-2 (Registration of convicted sex offenders-Time limit), SDCL 22-24B-5 (Annual verification form mailed to registered offender), SDCL 22-24B-6 (Commencement or change in enrollment or employment), SDCL 22-24B-7 (Registration every six months), SDCL 22-24B-8 (Information required for sex offender registration), SDCL 22-24B-12 (Written notice of new location or address required-time limit), SDCL 22-24B-23 (Restrictions on residence within community safety zone); SDCL 22-24B-24 (Loitering within community safety zone or public library prohibited) violation of these statues are Class 6 felonies.   Any second or subsequent violations could be found guilty of a Class 5 felony.      SDCL 22-24B-31 (Foreign criminal conviction registration) is a Class 4 felony.     SDCL 22-24B-36 (Sex offender to report change in vehicle registration) is a Class 1 misdemeanor.
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: 3,607 as of 10/30/17
Percent Compliance: 98.7%
Internet Access: South Dakota Sex Offender Registry: http://sor.sd.gov
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