CHAPTER 153

(HB 1104)

Aggravated indecent exposure defined as a sex crime.


         ENTITLED, An Act to  define felony aggravated indecent exposure as a sex crime for purposes of the registration of convicted sex offenders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 22-22-30 be amended to read as follows:

     22-22-30.   For the purposes of § §   22-22-31 to 22-22-39, 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)      Sexual contact with a minor under sixteen as set forth in §   22-22-7 if committed by an adult and the adult is convicted of a felony;

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

             (4)      Incest as set forth in §   22-22-19.1 if committed by an adult;

             (5)      Possessing, manufacturing, or distributing child pornography as set forth in §   22-22-24.2;

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

             (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 set forth in §   22-22-30.1;

             (11)      Felony indecent exposure as set forth in former §   22-24-1 or indecent exposure as set forth in §   22-24-1.2;

             (12)      Solicitation of a minor as set forth in §   22-22-24.5;

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

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

             ( 14 15 )      An attempt to commit any of the crimes listed in this section;

             ( 15 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;

             ( 16 17 )      Any federal crime or court martial that would constitute a sex crime under federal law; or

             ( 17 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.

     Signed February 13, 2004.
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