User uShare Login | Register
Login
Register

Along with posting photos, videos, and stories, your uShare account lets you post Classified Ads, recipes on What's For Dinner, and Announcements.


22° View Weather Current Conditions Sioux Falls Change Location
Set Weather Options

RADAR LOCATION

TEMPERATURE LOCATION

News

[0] My Saved Articles
Find local businesses
on the KELO Pages!

 

Indecent Exposure Purged From Registry In 2010

December 16, 2011, 6:01 PM by Ben Dunsmoor

Indecent Exposure Purged From Registry In 2010
SIOUX FALLS, SD - The recent arrest of a 41-year-old Colton man for indecent exposure has raised questions about South Dakota's Sex Offender Registry.

Brett Rechtenbaugh was arrested for inappropriately touching himself in a car that was parked near children in a central Sioux Falls neighborhood.

He was on the sex offender registry for two other indecent exposure convictions, but he was taken off the state registry after the legislature made changes in 2010.

In 2010 a tiered South Dakota Sex Offender Registry was created so that offenders who committed less serious crimes, like statutory rape, could eventually have their profile taken off the registry.

One set of offenders who were completely taken off were the ones who were convicted of indecent exposure.

Defense attorney Cheri Scharffenberg says the dozens of offenders who were convicted of indecent exposure didn't fit into the category of serious offenders.

"And I think that's why people look at who's on the sex offender registry is because they want to know do I need to protect someone who can't protect themselves from this person. Those people aren't a threat, and that's why we argued they should not be registerable," Scharffenberg said.

Scharffenberg used to work in the Minnehaha County Public Defender's Office but is now a partner at the Olson, Waltner and Scharffenberg Law Firm in Tea. She says most of the people convicted of indecent exposure were never a risk to the public, but simply caught up in a consensual act in public.

"The incidents of two homeless people having sexual intercourse on the bike path are not individuals who we felt that we needed to track," Scharffenberg said.

Attorney General Marty Jackley argued to keep indecent exposure as part of the registry back in 2010 when the legislature was making changes because he feels those people are still a threat to the public.

"The Attorney General along with the Senate felt a crime of this significance that dealt with the intent to arouse or gratify one's sexual desires should at least be placed initially on the registry," Jackley said.

But, Scharffenberg believes that a majority of those offenders are not a threat to the public and says they water down the registry. The legislature ultimately agreed with her.

"We wanted the sex offender registry to be more effective so that when you pulled it up on your computer screen you could say, 'oh my this person lives right down the block from me. He was convicted of forcible rape of a child. I don't want my children hanging outside while he's hanging outside or unsupervised,’" Scharffenberg said.

But the law does say if someone is convicted of misdemeanor indecent exposure three times then it is considered a felony offense and they are put on the registry for life.

So, if Rechtenbaugh is found guilty of this latest crime he will have to register as a sex offender for the rest of this life.

Previous Story

Next Story


Comments





RELATED STORIES


 
Find Local Businesses on KELO Pages!

View news

You may also like

Four Dead In Sisseton Shooting

11/22/2014 7:09 AM

South Dakota authorities are searching for a Sisseton man following a shooting early Saturday morning that left four people dead and another person in...

Full Story
UPDATE: Sisseton Homicide Suspect Found Dead In Home

11/22/2014 10:40 AM

Colter Richard Arbach has been located and identified as one of the four people shot and killed this morning in Sisseston.

Full Story
Sisseton In Shock After Shooting

11/22/2014 5:51 PM

It appears a Sisseton man killed three people and injured a fourth before killing himself early Saturday morning, according to the South Dakota A...

Full Story | Watch
Names Of Sisseton Shooting Victims Released

11/24/2014 10:32 AM

Authorities release the names of the people shot to death and hurt in Sisseton over the weekend.

Full Story
Three People Arrested For Deadly Stabbing In Wagner

11/23/2014 3:12 PM

Three people have been arrested after a deadly stabbing in Wagner.

Full Story


Events