Rapid City Man Sentenced for Failure to Register as Sex Offender

DOJ Press

Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 18, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Benjamen T. Flute, a/k/a Benjamin T. Flute, age 42, was sentenced to 24 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Flute was indicted by a federal grand jury on December 8, 2020.  He pled guilty on July 15, 2021.


Flute was convicted of 2nd-Degree Rape in Caddo County, Oklahoma, in December 2007.  As a result of this conviction, he is required to register as a sex offender.  In August 2020, Flute was released from prison and began a period of supervised release in Rapid City, but failed to update his sex offender registration.  An arrest warrant was subsequently issued, and on November 25, 2020, Flute turned himself into law enforcement.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

Flute was immediately turned over to the custody of the U.S. Marshals Service.

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