{"data":{"id":"us-sd/sdcl-22-24b-19","jurisdiction":"us-sd","citation":"SDCL § 22-24B-19","heading":"Criteria for removal--Tier I offender.","body":"To be eligible for removal from the registry as a Tier I offender, the petitioner must show, by clear and convincing evidence, that all of the following criteria have been met:\n(1) At least five years have elapsed since the date the petitioner first registered pursuant to this chapter;\n(2) The crime requiring registration was for:\n(a) Statutory rape under subdivision 22-22-1(5), or an attempt to commit statutory rape under subdivision 22-22-1(5), but only if the petitioner was twenty-one years of age or younger at the time the offense was committed or attempted;\n(b) A juvenile adjudication for a sex crime as defined in subdivision 22-24B-1(1);\n(c) Sexual contact under § 22-22-7 if the victim was between the ages of thirteen and sixteen and the petitioner was at least three years older than the victim, but only if the petitioner was twenty-one years of age or younger at the time the offense was committed;\n(d) Felony use or dissemination of any image or recording without consent under § 22-21-4; or\n(e) An out-of-state, federal or court martial offense that is comparable to the elements of the crimes listed in subsections (2)(a), (2)(b), (2)(c), or (2)(d);\n(3) The circumstances surrounding the crime requiring registration did not involve a child under the age of thirteen;\n(4) The petitioner is not a recidivist sex offender;\n(5) The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B; and\n(6) Petitioner demonstrates to the satisfaction of the court that petitioner does not pose a risk or danger to the community.\nFor 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 five-year calculation, regardless of whether the incarceration or confinement was for the sex offense requiring registration or for some other offense.","path":["TITLE 22. CRIMES","CHAPTER 22-24B. SEX OFFENDER REGISTRY"],"source_url":"https://sdlegislature.gov/Statutes/22-24B-19","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"5ccd3dd2aa448e5d14c3381e74c044116de791c26a365a97ee8cf17ca219eb45","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-22-24b-18","next":"us-sd/sdcl-22-24b-19.1"},"notice":"GroundRules: Original legal text. Not legal advice."}