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South Dakota statute

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

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 24B: Sex Offender Registry, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-24B-23

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.

SDCL § 22-24B-23Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
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.

Official sources

Legal terms used in this section

Questions this section answers

Is restrictions on residence within community safety zone a felony or a misdemeanor in South Dakota?

It depends on the circumstances: restrictions on residence within community safety zone ranges from a Class 6 Felony to a Class 5 Felony in South Dakota under SDCL § 22-24B-23.

First violation: Class 6 Felony (SDCL § 22-24B-23) · Subsequent violation: Class 5 Felony (SDCL § 22-24B-23)

Which South Dakota statute covers restrictions on residence within community safety zone?

Restrictions on residence within community safety zone is governed by SDCL § 22-24B-23 (Restrictions on residence within community safety zone--Penalty).

This reference is informational and is not legal advice.