South Dakota Man Indicted for Failure to Register as a Sex Offender

Acting United States Attorney Dennis Holmes announced that a South Dakota man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Jeremiah Jay Swalley, age 23, was indicted on November 9, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 24, 2021, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to ten years in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Swalley was convicted of Sexual Abuse of a Minor in January, 2017.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between September 9, 2021, and October 26, 2021, Swalley, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender.

The charge is merely an accusation and Swalley is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Abby Roesler is prosecuting the case.   

Swalley was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.