{"data":{"id":"us-sd/sdcl-22-24b-19.1","jurisdiction":"us-sd","citation":"SDCL § 22-24B-19.1","heading":"Criteria for removal from registry as Tier II offender.","body":"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:\n(1) At least twenty-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) Incest as defined in § 22-22A-2; or\n(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\n(c) Bestiality as set forth in § 22-22-42;\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 he or she 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 twenty-five year calculation, regardless of whether such 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-19.1","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"acd4b32bcbc8077ed104b1e71ffe932cac522e0511006487098ae19fba1c1c05","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-22-24b-19","next":"us-sd/sdcl-22-24b-19.2"},"notice":"GroundRules: Original legal text. Not legal advice."}