South Dakota Sex Offender Records
What is a Sex Offender?
Juveniles or adults who have been convicted or adjudicated for illegal sexual acts, such as sexual contact and rape, are known as sex offenders. A conviction for any sex offense in South Dakota is treated seriously in the state court system. Individuals found guilty of these offenses may face incarceration, expensive fines, probation, counseling, and sex offender registration.
One of the most long-lasting repercussions of a sex conviction is the requirement to register as a sex offender. According to the South Dakota sex offender law, a failure to register can lead to further criminal charges. As such, a convicted offender must register upon release or completion of a court-imposed term and ensure to re-register as required.
Upon registration, a sex offender's information, including their name, address, and the crime for which they were convicted, will be provided to the public. The effects of the allegation, conviction, and eventual registration on the offender's reputation, career, and personal relationships can be pretty severe.
Who is Considered a Sex Offender in South Dakota?
Although the South Dakota penal code does not define a sex offender, it stipulates in SDCL 22-24B-2 that anyone convicted of a sex crime must register in person as a sex offender. Hence, in this state, sex offenders are criminals convicted of committing or engaging in sexual behavior or conduct that is illegal.
The law further describes a recidivist sex offender as someone who has been convicted or adjudicated for multiple sex offenses, regardless of when those convictions or adjudications happened. This offender commits a second sex crime after being convicted or adjudicated of a previous sex crime.
What are the Different Types of Sex Offenses in South Dakota?
According to SDCL 22-24B-1, the following are some sex offenses in South Dakota:
South Dakota prosecutes statutory rape offenses in the first, second, third, and fourth degrees:
This constitutes engaging in the act of sexual penetration with a victim who is under 13 years old. For the first conviction of an adult, it is a Class C Felony that carries an incarceration term of 15 years to life and a $50,000 fine.
This is sexual penetration using force, compulsion, or threat of significant bodily injury to the victim or other individuals in the victim's presence. This offense is a Class 1 felony, which carries a maximum of 50 years in prison and a $50,000 fine.
It is an act of sexual penetration that occurs when:
- The victim cannot consent to the action due to physical or mental incapacity.
- The victim cannot consent due to being intoxicated by narcotics, anesthetic agents, or hypnosis.
In South Dakota, the crime is considered a Class 2 felony, and it carries a maximum of 25 years in prison and a $50,000 fine.
This is an act of sexual penetration with a victim who is 13-15 years old while the offender is at least 3 years older.
It is a Class 3 felony for a first offense, with a maximum of 15 years in prison and a $30,000 fine. For subsequent crimes or sexual contact with a minor under sixteen, rape in the fourth degree is a Class 2 felony. Offenders may spend up to 25 years in prison and are subject to a $50,000 fine.
In this context, "sexual penetration" is any act of sexual intercourse, oral sex, anal penetration, or any other intrusion, however minor, of any part of the body. It may also include using an object to penetrate another person's genitals or anal openings.
Sexual contact with a minor under sixteen
Anyone who, being 16 years of age or older, intentionally engages in sexual contact with another person other than their spouse, especially if the other person is under the age of 16, commits this offense and will be charged with a Class 3 felony. However, the charge will be a Class 1 misdemeanor if the victim is at least 13 years old and the offender is not 5 or more years older.
Sexual contact with a person who is incapable of consenting
Any individual who is 15 years of age or older commits a Class 4 felony if they intentionally engage in sexual contact with another individual who is 16 years of age or older and incapable of consenting to sexual contact due to a physical or mental impairment.
Sexual contact in this context constitutes any touching of a female's breasts or genitalia, or the anus of any person, whether or not via clothing or other covering, and with the intent to arouse or satisfy either party's sexual desire.
Possessing, manufacturing, or distributing child pornography
Individuals are guilty of this crime if they knowingly create or facilitate the production of any visual depiction of a minor indulging in or simulating an unlawful sexual act. They are also guilty if they own, produce or distribute child pornography.
It is a Class 4 felony for the first conviction. However, it is a Class 3 felony if convicted of a second or subsequent violation within 15 years of the first one.
Sexual exploitation of a child
A person who causes or intentionally lets a minor engage in an action or the imitation of an activity that is damaging to minors, involves nudity, or involves indecent conduct, is guilty of sexual exploitation of a minor.
It is a Class 6 felony for the first offense. However, a person is guilty of a Class 5 felony if convicted of a second or subsequent violation within 15 years of a prior one.
Kidnapping in the first degree is defined as the unlawful removal of another person from their place of residence or employment, or the unlawful confinement of another person for a significant period, for any of these reasons:
- To assist in the commission of any felony
- To hold as a hostage or for ransom
- To inflict bodily harm
- To obstruct the execution of any governmental or political function
- To lure away a child under the age of 14 with the intent to detain and conceal the child.
In South Dakota, kidnapping in the first degree is a Class C felony. If the victim sustains substantial bodily harm from the act, it is considered aggravated kidnapping in the first degree (a Class B felony).
Promotion of prostitution of a minor
This constitutes encouraging, inciting, or otherwise willfully enticing someone to become or remain a prostitute. This may include promoting a minor's prostitution or the prostitution of a spouse, child, ward, or other dependents. This is a Class 5 felony.
People commit public indecency when they display their anus or genitals in a public place where another person can be irritated or offended by their actions. It is a Class 2 misdemeanor.
Indecent exposure occurs when someone exposes their genitals in or in the view of a public place to stimulate or gratify the sexual desire of another person. It is a Class 1 misdemeanor. However, the offender will be prosecuted for a Class 6 felony if previously convicted of rape, sexual contact with a minor, or possessing or distributing crude pornographic material. Individuals will also be charged with a Class 6 felony if it is their third or subsequent violation.
Indecent exposure involving a child
A person who is 18 years or more commits the crime of indecent exposure involving a minor if they knowingly expose their genitals to a child who is 13 years of age or below with the intent to arouse or gratify a sexual desire. Indecent exposure of a child is a Class 6 felony. A subsequent conviction for indecent exposure involving a child is a Class 5 felony in South Dakota.
A person commits private indecent exposure if:
- They expose their genitals with the intent to arouse or gratify their sexual desire or another person's desire.
- Other people can be irritated, offended, or alarmed by the exposure.
- The person knows that the other party did not agree to the exposure.
If the individual who commits the offense cohabits with or is involved in a sexual relationship with the other person, private indecent exposure is a Class 1 misdemeanor.
Any person aged 18 or more is guilty of soliciting a minor when they:
- Solicit a minor to participate in an illegal sexual act.
- Knowingly compile, print, publish, or disseminate any notice or advertisement of a minor's name, contact information, residence, physical features, or other identifying information to solicit a minor to engage in a prohibited sexual act.
In South Dakota, no one may:
- Take part in a sexual act with an animal for the sole purpose of sexual satisfaction.
- Compel anyone else to perform a sexual act with an animal.
- Use any portion of their body or an object to arouse an animal sexually.
- Make a video of someone having a sexual interaction with an animal.
- Kill or physically abuse an animal.
Else, it is a Class 6 felony.
Intentional exposure to HIV infection
Any individual who willfully exposes another person to HIV while knowing they are infected with the virus is guilty of criminal exposure to HIV and a Class 3 felony. Such acts of exposure include:
- Engaging in intimate physical contact with another person.
- Providing blood, tissue, sperm, organs, or other potentially infectious body fluids or components to another for transfusion, transplantation, insemination, or other purposes constituting a considerable risk of HIV transmission.
- Exchanging, selling, or transferring to another person any drug that they have contaminated
- Causing blood or semen to come in contact with an uninfected individual to expose them to HIV.
First-degree human trafficking
An offender commits human trafficking and can be charged with a Class 2 felony when the criminal action involves:
- Committing or attempting to commit kidnapping.
- A victim under the age of eighteen.
- Prostitution or prostitution procurement.
- The death of a victim.
Second-degree human trafficking involving the prostitution of a minor
An individual is guilty of second-degree human trafficking and can be charged with a Class 4 felony when they:
- Recruit, transfer, or acquire another person and force them into prostitution, forced labor, or involuntary servitude.
- Participate or obtain financial or other benefits from a venture involving human trafficking.
Other sexual crimes outlined in Chapter 22 of the South Dakota legislature include:
- Use or distribution of a visual recording or photography equipment to gratify, harass, or embarrass.
- Making or selling a sex doll that looks like a child.
- Purchase or possession of a child-like sex toy.
- Sexual contact with an individual who is incapable of consenting to the act.
- Sexual contact without consent with an individual who is capable of consenting, etc.
What Types of Sex Offenders Exist in South Dakota?
According to SDCL 22-24B-2.1, South Dakota divides sex offenders into three tiers, based on the type of the crime committed, the length of registration and verification, and the risk of re-offending. These classifications are as follows:
Tier I offenders (Low-risk offenders): These individuals have usually been found guilty of sex offenses like statutory rape, sexual contact, use or distribution of a video recording or photographic equipment without consent, etc. Typically, the offender was 21 years old or younger, and the victim was at least 13 when the offense was committed.
South Dakota requires such persons to register as sex offenders for 10 years. Because these parties have a small likelihood of re-offending and do not constitute a threat to the community, they qualify to be deleted from the sex offender registry if they follow their treatment programs and do not re-offend.
Tier II offenders (Moderate-risk Offenders): Tier II offenders have usually been convicted of incest, bestiality, or other related crimes. They are required to register for 25 years in South Dakota, and like Tier 1 offenders, they may be eligible for removal. Tier I and II offenders that wish to petition the court for removal from the registry must show that all of the following requirements have been met:
- It has been at least twenty-five years (Tier II offenders) or ten years (tier I offenders) since the petitioner registered.
- There were no minors under the age of 13 involved in the crime that led to their conviction.
- The petitioner has substantially cooperated with the registration and re-registration processes.
- The petitioner is not considered a recidivist sex offender.
- The petitioner proves to the court that they are not a risk or danger to the community.
Tier III offenders (High-risk offenders): These are persons who have been convicted of a sex crime that is more serious or violent than the Tier I and II offenses. Tier III offenders must register for the rest of their lives. While Tier I and II offenders may be eligible to remove their names from the state's registry, Tier III offenders do not have that advantage unless they receive a governor's pardon.
How to Find a Sex Offender Near Me in South Dakota
Individuals convicted of sex crimes (including state, federal, military, and out-of-state convictions) must comply with South Dakota's laws if they live or attend school in the state. State law mandates that, on satisfying court-imposed sentences, all convicted sex offenders must register with the government. This registration enables the state to gather sex offender data, which it then shares with the public. Members of the public can obtain sex offender information by contacting local law enforcement authorities, as the registration is usually performed through the county sheriff's offices.
Additionally, as this sex offender data is published on a statewide sex offender registry, the public can find sex offenders by searching the registry. The registry can be accessed through the Office of the Attorney General's website.
Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:
- The full name on the record of choice
- The last known or current address of the named individual
- The address of the requestor
What Happens When You Register as a Sex Offender in South Dakota?
Registered sex offenders in South Dakota are restricted from visiting and living in some places. According to SDCL 22-24B-23, a registered sex offender cannot dwell in or establish a residence within 500 feet of "community safety zones." In this context, a "community safety zone" refers to any area within 500 feet of a learning institution, public park, or public playground.
There are some exceptions to this rule. Offenders are exempt from the restriction if the safety zone was constructed after they moved to the area before the law's passage in 2006. Also, the limitation does not apply if the offender is in jail, a homeless shelter, or a health clinic within the community safety zone. Furthermore, the rule does not concern anyone who was below 18 at the time of their offense and who was not prosecuted as an adult. A circuit court may also exempt an offender from the community safety zone law.
What is the South Dakota Sex Offender Registry?
South Dakota's Division of Criminal Investigation maintains the state's Sex Offender Registry, an online database. The registry provides information on sex offenders convicted in the state and offers multiple options for people to obtain this data. The Division of Criminal Investigation works hard to keep the information on the website accurate and up-to-date. Hence, the website is updated frequently to reflect current information.
Local law enforcement agencies in cities and towns of South Dakota assist the Division of Criminal Investigation in registering, monitoring, and ensuring the compliance of convicted sex offenders who are required to register under SDCL 22-24B. As a result, the information on the website applies to all sex offenders living, working, or schooling in South Dakota's cities, counties, and municipalities.
Offenders usually give the following information when they register:
- Full names and all aliases used
- Date of birth
- Comprehensive physical description data, including photographs, finger and palm prints
- Residential address, duration spent at the residence, and estimated length of stay at that residence
- The sex crime that led to the conviction
- The prosecutor's description of the offense
- The date of the offense and date of conviction
- Offender's social security number (usually provided on a separate confidential form)
- Information about a driver's license or identification card, including the card number, issuing state, and a photocopy
- Whether the registrant is currently receiving or has previously received any sex offender treatment
- Employment or school information
- Duration of employment or school attendance
- Name, address, and contact information of an employer or school
- Vehicle information about any vehicle owned or routinely used by the offender, including the license plate number, model, make, etc.
- Information about the offender's internet accounts, including user/screen names and aliases used on the internet
- Acknowledgment of any living or working limitations the offender is subject to, such as community safety zone limits imposed by the registering agency
- The names, addresses, and contact information of two residents who engage with the offender regularly
- The offender's next of kin's name, address, and phone number
- Professional or occupational licenses from any jurisdiction
- Passport and other documents indicating the offender's immigration status
Also, during the offender's registration, the registering agency will collect a DNA sample and submit it to the State Forensic Laboratory in line with the agency's regulations. Any failure by the offender to give accurate information as required by the law is a Class 6 felony.
All of this information will not be provided to the public on the sex offender registry. According to SDCL 22-24B-10, registration information, such as a registrant's compliance status and physical identification information, is public information. However, the registrant's social security number, the victim's identity, the offender's DNA, and the names, addresses, and contact information of the registrant's local contacts and next of kin are not accessible to the public.
Any public information that is unavailable on the registry can be accessed at the police department or sheriff's office of the city or county where the sex offender lives or attends school, whether temporarily or permanently.
Interested members of the public may also obtain public record information from third party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. To use a third-party site, record seekers may be required to provide all of some of the following information:
- The full name on the record of choice
- The last known or current address of the named individual
- The address of the requestor
How to Lookup Sex Offenders in South Dakota
Inquirers can search the state's sex offender registry using the "Text Search" or "Neighborhood Search" tools to find registered sex offenders in the state.
To use the "text search" feature, the inquirer must provide the following information about the offender:
- Last Name
- First Name
- Alias
- Address
- City
- County
- Zip Code
To use the "neighborhood search" tool, the inquirer must provide the following information:
- Address
- City
- Search radius (in miles)
The registry allows users to include or exclude incarcerated offenders, absconders, and unlocatable offenders in their search results.
Asides from providing sex offender information, the registry also offers information on the offenders who must register, when they have to re-register, and other actions they might take that would mandate re-registration. Individuals with further questions may also contact the South Dakota Sex Offender Registry Office at (605) 773-2596.
