## Sex crime defense in South Dakota Sex crimes are the most heavily prosecuted, most lifelong-consequence category of criminal cases. South Dakota convictions trigger registration, residency restrictions, and lifelong public exposure — even after sentence completion. ### South Dakota sex offender registry South Dakota Sex Offender Registry — lifetime. ## Common sex-crime charges - **Rape / sexual assault** — non-consensual penetration; varying degrees by force, age, relationship, mental capacity - **Statutory rape** — sexual contact with someone below age of consent; strict liability in most states - **Sexual battery** — non-consensual sexual contact short of penetration - **Child molestation / lewd act with a child** - **Sexual exploitation of children** — possession, distribution, or production of child pornography - **Solicitation of a minor / online enticement** - **Indecent exposure / lewd conduct** - **Public lewdness** - **Voyeurism / peeping tom offenses** - **Sexting offenses** (involving minors) - **Human trafficking / sex trafficking** - **Prostitution / patronizing** - **Sexual battery on a sleeping / intoxicated / unconscious person** - **Marital rape** (now criminalized in all states) ## Age of consent All states criminalize sexual contact with people below the age of consent. Variations: - **Age of consent typically 16, 17, or 18** depending on state - **Romeo and Juliet exceptions** — many states have age-gap-based defenses for minors close in age (e.g., 14-year-old with 17-year-old) - **Position of authority** — coaches, teachers, clergy, employers face higher charges even when victim is over age of consent - **Marriage exception** — once permitted in many states; now eliminated or restricted ## Federal sex-crime statutes Federal jurisdiction kicks in for: - **Child pornography** — 18 U.S.C. §§ 2251, 2252, 2252A — extensive federal prosecution - **Travel for illegal sexual conduct** — 18 U.S.C. § 2423 — Mann Act and successors - **Sex trafficking** — 18 U.S.C. § 1591 - **Online enticement of minors** — 18 U.S.C. § 2422(b) - **PROTECT Act** offenses Federal sentences for these offenses are severe — often 5-15 years mandatory minimum, with sentencing guidelines pushing many cases above 20 years. ## SORNA and registration **Sex Offender Registration and Notification Act (SORNA)** establishes federal minimum requirements for state sex-offender registries. Tiered system: - **Tier I** — generally 15 years, less serious offenses - **Tier II** — 25 years, mid-level offenses - **Tier III** — lifetime, serious offenses States enforce stricter rules in many cases. Registration typically requires: - Periodic in-person verification - Disclosure of address, employer, school, vehicles, online identifiers - Notification of moves, employment changes - Notification when entering / leaving the state - Failure to register is a separate crime — often a felony ## Residency / employment / proximity restrictions Many states restrict where registrants may live or work: - **Distance from schools, parks, daycares** (typically 500-2,500 feet) - **Employment restrictions** — particularly any role with minor contact - **Internet restrictions** — some states ban or limit social-media use - **Halloween restrictions** — "no trick-or-treaters" requirements These restrictions effectively make many neighborhoods, jobs, and activities permanently off-limits. ## Common defenses - **Consent** — at-issue in adult sexual-assault cases - **Mistaken age** — generally NO defense for statutory rape (strict liability) but limited defenses in some states - **Identification** — wrong person - **False accusation** — particularly in custody disputes, breakups - **Lack of corpus delicti** — insufficient proof a crime occurred - **Constitutional challenges** — illegal search, coerced statements - **DNA / scientific challenges** — particularly older convictions - **Recantation by alleged victim** — though courts treat skeptically ## Pretrial issues unique to sex cases - **Victim privacy laws (rape shield)** — limit defense ability to introduce victim's sexual history - **Hearsay exceptions** — children's statements often admissible through forensic interviewers - **CSA / SANE evidence** — child sexual assault and sexual assault nurse examiner protocols - **Computer / forensic evidence** — particularly in CP cases - **Pretrial publicity** — particularly intense for high-profile cases ## Collateral consequences (worse than sentence in many cases) - **Sex-offender registration** for years to life - **Public listing on internet registries** - **Residency restrictions** - **Employment restrictions** — many fields permanently foreclosed - **Federal firearm prohibition** (depending on offense) - **Voting restrictions** - **Custody / parental-rights consequences** - **Immigration consequences** — many sex offenses are aggravated felonies; deportable - **Housing — restrictions and stigma** - **Civil commitment** — some states allow indefinite civil commitment after sentence - **"Sexually Violent Predator" designations** in some states ## What you should do Sex-crime allegations require immediate, specialized representation. Don't talk to police. Don't talk to investigators. Don't talk to the alleged victim or anyone connected to them. Don't post on social media. South Dakota criminal-defense attorneys with sex-crime experience can be expensive but the consequences of inadequate counsel are lifelong. Many offer free initial consultations and accept payment plans. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Sex-crime prosecution is one of the most fact-, evidence-, and consequence-heavy areas of criminal law. Talk to a licensed South Dakota criminal-defense attorney about your specific case.*