22-24B-23. Restrictions on residence within community safety zone--Violation as felony.No person who is required to register as a sex offender pursuant to this chapter may establish a residence or reside within a community safety zone unless:(1)The person is incarcerated in a jail or prison or other correctional placement which is located within a community safety zone;(2)The person is on parole or probation and has been assigned to a halfway house or supervised living center within a community safety zone;(3)The person is homeless and has been admitted to a community homeless shelter within a community safety zone by an appropriate community official;(4)The person is placed in a health care facility licensed pursuant to chapter 34-12, or certified under Title XVIII or XIX of the Social Security Act as amended to December 31, 2001, or receiving services from a community service provider accredited or certified by the Department of Human Services or the Department of Social Services, which is located within a community safety zone;(5)The person was under age eighteen at the time of the offense and the offender was not tried and convicted of the offense as an adult;(6)The person , which is located within a community safety zone;(5)The person was under age eighteen at the time of the offense and the offender was not tried and convicted of the offense as an adult;(6)The person established and inhabited the residence as of July 1, 2024;(7)The school, public park, public pool, domestic abuse shelter, sexual assault shelter, or public playground was built or established subsequent to the person's establishing residence at the location; or(8)The circuit court has entered an order pursuant to §22-24B-28 exempting the offender from the provisions of §§22-24B-22 to 22-24B-28, inclusive.A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5 felony. Source: SL 2006, ch 125, §2; SL 2010, ch 120, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §134, eff. Apr. 12, 2011; SL 2012, ch 128, §1; SL 2018, ch 134, §2; SL 2024, ch 89, §2.
South Dakota Legal Code