It depends on whether the crime he was convicted of requires it - he would find that information in his conviction and sentencing paperwork. However, if he can't locate those papers, he should definitely err on the side of caution and take the steps necessary via the registry - they should also be able to confirm for him if he is a required registrant.
Hope this helps to clarify.
I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger and can not create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. This will not cost you anything, if you already deposited to the company for this service. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply and I'm happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks!
My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advise and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.
SDCL 22-24B-1 identifies the pertinent sex crimes, and those convicted must register as a sex offender.
The crimes include:
Felony Sexual Contact with a Minor (22-22-7),
Sexual Contact with a Person Incapable of Consenting (22-22-7.2),
Possessing, Manufacturing, or Distributing Child Pornography (22-24A-3),
Sale of Child Pornography (22-42A-1),
Sexual Exploitation of a Minor (22-22-24.3),
Kidnapping, if the victim is a minor (22-19-1),
Promotion of Prostitution of a Minor (22-23-2(2)),
Criminal Pedophilia (22-22-30.1),
Felony Indecent Exposure (22-24-1),
Felony Indecent Exposure (22-24-1.3)
Indecent Exposure (22-24-1.2),
Solicitation of a Minor (22-24A.5),
Also included are:
any attempts to commit the above crimes,
any crime committed in a place other than SD which would constitute a sex crime in SD,
any federal crime or court martial that would constitute a sex crime in this state,
any crime committed in another state if that state also requires that anyone convicted of that crime register as a sex offender in that state.
Also included would be any sex acts with a minor committed by 1) a jail employee (when the victim is a detainee) (22-22-7.6), or
a psychotherapist (22-22-8) & (22-22-29).
If any of these apply, he should contact his County Sheriff's Department.
The below section could also be important (I wouldn't want to see your brother get in any additional trouble for registering too late:
SDCL 22-24B-2 states that the sex offender shall register within five days of coming into any county to reside, temporarily domicile, attend school, attend postsecondary education classes, or work.
SDCL 22-24B-6 states that any person who is registered as required by 22-24B-2 and who is employed, carries on a vocation, or attends postsecondary classes at an institution of higher education, institution of higher learning, or technical institute in this state shall, within five days of any commencement and within five days of termination of such enrollment or employment or change in employer, report to the chief of police or county sheriff where the institution is located and complete a registration update form.
SDCL 22-24B-7 requires that any person who is subject to the provisions of 22-24B-2 shall reregister every six months in the same manner as may be provided by law for initial registration. Such person shall reregister during the calendar month during which the registrant was born and six months following the person's birth month.
If I see anything more of interest, I will pass it on to you!
Good luck to you and your brother, I hope all goes well for him.
I see that he can also register with his local municipality police department.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).