2006 South Dakota Code - 22-24B-19 — Criteria required to be eligible for removal from the registry.

             (1)      At least ten years have elapsed since the date the petitioner first registered pursuant to this chapter. For purposes of this subdivision, 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 ten-year calculation, regardless of whether such incarceration or confinement was for the sex offense requiring registration or for some other offense;

             (2)      The crime requiring registration was for:

             (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;

             (b)      A juvenile adjudication for a sex crime as defined in § 22-24B-1(1), 22-24B-1(9), or 22-22-7.2 ; or

             (c)      An out-of-state, federal or court martial offense that is comparable to the elements of the crimes listed in (a) or (b);

             (3)      The circumstances surrounding the crime requiring registration did not involve a child under the age of thirteen;

             (4)      The petitioner is not a recidivist sex offender. A recidivist sex offender is a person who has been convicted or adjudicated for more than one sex crime listed in subdivisions 22- 24B-1(1) to (17), inclusive, regardless of when those convictions or adjudications occurred. For purposes of this subdivision, a conviction or adjudication includes a verdict or plea of guilty; a verdict or plea of guilty but mentally ill; a plea of nolo contendere; a suspended imposition of sentence granted under § 23A-27-13, regardless of whether it has been discharged; a deferred prosecution agreement entered by a prosecutor; and a determination made in another state, federal jurisdiction, or courts martial that is comparable to any of these events; and

             (5)      The petitioner has completely and truthfully complied with the registration and re- registration requirements imposed under chapter 22-24B.

Source: SL 2005, ch 120, § 422.