Rapid City Man Indicted for Failure to Register as Sex Offender

SOUTH DAKOTA – United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Benjamen T. Flute, a/k/a Benjamin T. Flute, age 41, was indicted on December 8, 2020.  He appeared before U.S. Magistrate Judge Mark A. Moreno on December 16, 2020 and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 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.

Flute was convicted of 2nd-Degree Rape in December 2007.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between August 11, 2020, and November 25, 2020, Flute failed to properly register as a sex offender as required by law.


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

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

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

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