22-24B-1. Sex crimes determined.
For the purposes of §§22-24B-2 to 22-24B-14, inclusive, a sex crime is any of the following crimes regardless of the date of the commission of the offense or the date of conviction:
(1)Rape as set forth in §22-22-1;
(2)Felony sexual contact with a minor under sixteen as set forth in §22-22-7 if committed by an adult;
(3)Sexual contact with a person incapable of consenting as set forth in §22-22-7.2;
(4)Incest if committed by an adult;
(5)Possessing, manufacturing, or distributing child pornography as set forth in §22-24A-3;
(6)Sale of child pornography as set forth in §22-24A-1;
(7)Sexual exploitation of a minor as set forth in §22-22-24.3;
(8)Kidnapping, as set forth in §22-19-1, if the victim of the criminal act is a minor;
(9)Promotion of prostitution of a minor as set forth in subdivision 22-23-2(2);
(10)Criminal pedophilia as previously set forth in §22-22-30.1;
(11)Felony indecent exposure as previously set forth in former §22-24-1 or felony indecent exposure as set forth in §22-24-1.2;
(12)Solicitation of a minor as set forth in §22-24A-5;
(13)Felony indecent exposure as set forth in §22-24-1.3;
(14)Bestiality as set forth in §22-22-42;
(15)An attempt, conspiracy, or solicitation to commit any of the crimes listed in this section;
(16)Any crime, court martial offense, or tribal offense committed in a place other than this state that constitutes a sex crime under this section if committed in this state;
(17)Any federal crime, court martial offense, or tribal offense that constitutes a sex crime under federal law;
(18)Any crime committed in another state if that state also requires anyone convicted of that crime register as a sex offender in that state;
(19)If the victim is a minor:
(a)Any sexual acts between a jail employee and a detainee as set forth in §22-22-7.6;
(b)Any sexual contact by a psychotherapist as set forth in §22-22-28; or
(c)Any sexual penetration by a psychotherapist as set forth in §22-22-29;
(20)Intentional exposure to HIV infection as set forth in subdivision (1) of §22-18-31;
(21)First degree human trafficking as set forth in §22-49-2 if the victim is a minor;
(22)Second degree human trafficking as set forth in §22-49-3 involving the prostitution of a minor;
(23)Felony use or dissemination of visual recording or photographic device without consent and with intent to self-gratify, harass, or embarrass as set forth in §22-21-4;
(24)Manufacturing or distributing a child-like sex doll as set forth in §22-24A-1.1; or
(25)Felony conviction of purchasing or possessing a child-like sex doll as set forth in §22-24A-3.1.
Source: SL 1994, ch 174, §1; SL 1995, ch 123, §1; SL 1997, ch 134, §1; SL 1998, ch 136, §4; SL 2002, ch 109, §11; SL 2002, ch 110, §1; SL 2003, ch 127, §4; SL 2004, ch 153, §1; SDCL §22-22-30; SL 2005, ch 120, §§415, 416; SL 2006, ch 123, §1; SL 2008, ch 110, §1; SL 2010, ch 117, §1; SL 2010, ch 119, §9; SL 2015, ch 130, §1; SL 2016, ch 126, §1; SL 2020, ch 87, § 1; SL 2021, ch 98, § 5.