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AlexiaEsq., Managing Attorney
Category: Criminal Law
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Experience:  19+ Years of Legal Practice in Criminal Law.
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ok i have a brother out of south dakota, he got out of prison

Customer Question

ok i have a brother out of south dakota, he got out of prison about 2 years ago and he wants to know if he needs to register as a sex offender in this state if so then how?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 8 years ago.

Dear ob,


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.

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AlexiaEsq. and 3 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
it would help if u could explain more of the steps of what to do cuz 30 bucks is asking alot for a soldiers brother who is in trouble
Expert:  AlexiaEsq. replied 8 years ago.
Hi Ob, no problem. Could you tell me what county in SD he is in?
Expert:  AlexiaEsq. replied 8 years ago.


Dear ob,


SDCL 22-24B-1 identifies the pertinent sex crimes, and those convicted must register as a sex offender.


The crimes include:


Rape (22-22-1),

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),

Bestiality (22-22-42).


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.

Expert:  AlexiaEsq. replied 8 years ago.

Dear Ob,


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.

Expert:  AlexiaEsq. replied 8 years ago.

Dear ob,


I see that he can also register with his local municipality police department.