22-24B-1.   Sex crimes defined. 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)      Rape as set forth in § 22-22-1;

             (2)      Felony sexual contact with a minor under sixteen as set forth in § 22-22-7 if committed by an adult;

             (3)      Sexual contact with a person incapable of consenting as set forth in § 22-22-7.2;

             (4)      Incest if committed by an adult;

             (5)      Possessing, manufacturing, or distributing child pornography as set forth in § 22-24A-3;

             (6)      Sale of child pornography as set forth in § 22-24A-1;

             (7)      Sexual exploitation of a minor as set forth in § 22-22-24.3;

             (8)      Kidnapping, as set forth in § 22-19-1, if the victim of the criminal act is a minor;

             (9)      Promotion of prostitution of a minor as set forth in subdivision 22-23-2(2);

             (10)      Criminal pedophilia as previously set forth in § 22-22-30.1;

             (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)      Solicitation of a minor as set forth in § 22-24A-5;

             (13)      Felony indecent exposure as set forth in § 22-24-1.3;

             (14)      Bestiality as set forth in § 22-22-42;

             (15)      An attempt to commit any of the crimes listed in this section or any conspiracy or solicitation to commit any of the crimes listed in this section;

             (16)      Any crime committed in a place other than this state which would constitute a sex crime under this section if committed in this state;

             (17)      Any federal crime or court martial offense that would constitute a sex crime under federal law;

             (18)      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; or

             (19)      If the victim is a minor:

             (a)      Any sexual acts between a jail employee and a detainee as set forth in § 22-22-7.6;

             (b)      Any sexual contact by a psychotherapist as set forth in § 22-22-28; or

             (c)      Any sexual penetration by a psychotherapist as set forth in § 22-22-29;

             (20)      Intentional exposure to HIV infection as set forth in subdivision (1) of § 22-18-31.

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.

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