South Dakota statute
SDCL § 22-24B-19.1 — Criteria for removal from registry as Tier II offender
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 24B: Sex Offender Registry, South Dakota Codified Laws.
Full text of SDCL § 22-24B-19.1
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
To be eligible for removal from the registry as a Tier II offender, the petitioner shall show, by clear and convincing evidence, that all of the following criteria have been met:
(1) At least twenty-five years have elapsed since the date the petitioner first registered pursuant to this chapter;
(2) The crime requiring registration was for:
(a) Incest as defined in § 22-22A-2; or
(b) An out-of-state, federal or court martial offense that is comparable to the elements of incest as defined in § 22-22A-2; or
(c) Bestiality as set forth in § 22-22-42;
(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 he or she 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 twenty-five year calculation, regardless of whether such incarceration or confinement was for the sex offense requiring registration or for some other offense.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.