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. (1) Rape as set forth in § 22-22-1;
2. (2) Felony sexual contact with a minor under sixteen as set forth in § 22-22-7 if committed by an adult;
3. (3) Sexual contact with a person incapable of consenting as set forth in § 22-22-7.2;
4. (4) Incest if committed by an adult;
5. (5) Possessing, distributing, or manufacturing child pornography as set forth in §§ 22-24A-35 to 22-24A-37, inclusive;
6. (6) Sale of child pornography as set forth in § 22-24A-1;
7. (7) Sexual exploitation of a minor as set forth in § 22-22-24.3;
8. (8) Kidnapping, as set forth in § 22-19-1, if the victim of the criminal act is a minor;
9. (9) Promotion of prostitution of a minor as set forth in subdivision 22-23-2(2);
10. (10) Criminal pedophilia as previously set forth in § 22-22-30.1;
11. (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. (12) Solicitation of a minor as set forth in § 22-24A-5;
13. (13) Felony indecent exposure as set forth in § 22-24-1.3;
14. (14) Bestiality as set forth in § 22-22-42;
15. (15) An attempt, conspiracy, or solicitation to commit any of the crimes listed in this section;
16. (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. (17) Any federal crime, court martial offense, or tribal offense that constitutes a sex crime under federal law;
18. (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. (19) If the victim is a minor:

    1. (a) Any sexual acts between a jail employee and a detainee as set forth in § 22-22-7.6;
    2. (b) Any sexual contact by a psychotherapist as set forth in § 22-22-28; or
    3. (c) Any sexual penetration by a psychotherapist as set forth in § 22-22-29;
20. (20) Intentional exposure to HIV infection as set forth in subdivision (1) of § 22-18-31;
21. (21) First degree human trafficking as set forth in § 22-49-2 if the victim is a minor;
22. (22) Second degree human trafficking as set forth in § 22-49-3 involving the prostitution of a minor;
23. (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. (24) Manufacturing or distributing a child-like sex doll as set forth in § 22-24A-1.1; or
25. (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; SL 2024, ch 87 , § 13.