§ 11-37.1-2 - Definitions.
SECTION 11-37.1-2
§ 11-37.1-2 Definitions. – (a) "Aggravated offense" means and includes offenses involving sexualpenetration of victims of any age through the use of force or the threat of useof force or offenses involving sexual penetration of victims who are fourteen(14) years of age or under.
(b) "Board", "board of review", or "sex offender board ofreview" means the sex offender board of review appointed by governor pursuantto § 11-37.1-6.
(c) "Conviction" or "convicted" means and includes anyinstance where:
(i) A judgment of conviction has been entered against anyperson for any offense specified in subsection (e) or (k) of this section,regardless of whether an appeal is pending; or
(ii) There has been a finding of guilty for any offensespecified in subsection (e) or (k) of this section, regardless of whether anappeal is pending; or
(iii) There has been a plea of guilty or nolo contendere forany offense specified in subsection (e) or (k) of this section, regardless ofwhether an appeal is pending; or
(iv) There has been an admission of sufficient facts or afinding of delinquency for any offense specified in subsection (e) or (k) ofthis section, regardless of whether or not an appeal is pending.
(2) Provided, in the event that a conviction, as defined inthis subsection, has been overturned, reversed, or otherwise vacated, theperson who was the subject of the conviction shall no longer be required toregister as required by this chapter and any records of a registration shall bedestroyed. Provided, further that nothing in this section shall be construed toeliminate a registration requirement of a person who is again convicted of anoffense for which registration is required by this chapter.
(d) [Deleted by P.L. 2003, ch. 162, § 1 and by P.L.2003, ch. 170, § 1].
(e) "Criminal offense against a victim who is a minor" meansand includes any of the following offenses or any offense in anotherjurisdiction which is substantially the equivalent of the following or forwhich the person is or would be required to register under 42 U.S.C. §14071 or 18 U.S.C. § 4042(c):
(1) Kidnapping or false imprisonment of a minor, in violationof § 11-26-1.4, 11-26-1 or 11-26-2, where the victim of the offense issixteen (16) years of age or older and under the age of eighteen (18) years;
(2) Enticement of a child in violation of § 11-26-1.5with the intent to violate §§ 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3;
(3) Any violation of § 11-37-6, 11-37-8, 11-37-8.1, or11-37-8.3;
(4) Any violation of § 11-1-10, where the underlyingoffense is a violation of chapter 34 of this title and the victim or personsolicited to commit the offense is under the age of eighteen (18) years;
(5) Any violation of § 11-9-1(b) or (c); or
(6) Any violation of § 11-9-1.3;
(7) Any violation of § 11-37.1-10;
(8) Any violation of § 11-37-8.8;
(9) Any violation of § 11-64-2 where the victim is underthe age of eighteen (18) years; or
(10) Murder in violation of § 11-23-1 where the murderwas committed in the perpetration of, or attempted perpetration of, kidnappingand where the victim of the offense is under eighteen (18) years of age.
(f) "Designated state law enforcement agency" means theattorney general or his or her designee.
(g) "Employed, carries on a vocation" means and includes thedefinition of "employed, carries on a vocation" under 42 U.S.C. § 14071.
(h) "Institutions of higher education" means any university,two (2) or four (4) year college or community college.
(i) "Mental abnormality" means a congenital or acquiredcondition of a person that affects the emotional or volitional capacity of theperson in a manner that predisposes that person to the commission of criminalsexual acts to a degree that makes the person a menace to the health and safetyof other persons.
(j) "Predator" means a person whose act(s) is (are) or was(were) directed at a stranger, or at a person with whom a relationship has beenestablished or promoted for the primary purpose of victimization.
(k) "Sexually violent offense" means and includes anyviolation of § 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3,or 11-5-1 where the specified felony is sexual assault, or § 11-23-1 wherethe murder was committed in the perpetration of, or attempted perpetration of,rape or any degree of sexual assault or child molestation, or any offense inanother jurisdiction which is substantially the equivalent of any offenselisted in this subsection or for which the person is or would be required toregister under 42 U.S.C. § 14071 or 18 U.S.C. § 4042(c).
(l) "Sexually violent predator" means a person who has beenconvicted of a sexually violent offense and who has a mental abnormality orpersonality disorder that makes the person likely to engage in predatorysexually violent offenses.
(m) "Student" means and includes the definition of "student"under 42 U.S.C. § 14071.
(n) "Parole board" means the parole board or its designee.