77-27-21.5 - Sex and kidnap offenders -- Registration -- Information system -- Law enforcement and courts to report -- Penalty -- Effect of expungement.
77-27-21.5. Sex and kidnap offenders -- Registration -- Information system -- Lawenforcement and courts to report -- Penalty -- Effect of expungement.
(1) As used in this section:
(a) "Business day" means a day on which state offices are open for regular business.
(b) "Department" means the Department of Corrections.
(c) "Division" means the Division of Juvenile Justice Services.
(d) "Employed" or "carries on a vocation" includes employment that is full time or parttime, whether financially compensated, volunteered, or for the purpose of government oreducational benefit.
(e) "Indian Country" means:
(i) all land within the limits of any Indian reservation under the jurisdiction of the UnitedStates government, regardless of the issuance of any patent, and includes rights-of-way runningthrough the reservation;
(ii) all dependent Indian communities within the borders of the United States whetherwithin the original or subsequently acquired territory, and whether or not within the limits of astate; and
(iii) all Indian allotments, including the Indian allotments to which the Indian titles tohave not been extinguished, including rights-of-way running through the allotments.
(f) "Jurisdiction" means any state, Indian Country, United States Territory, or anyproperty under the jurisdiction of the United States military.
(g) "Kidnap offender" means any person other than a natural parent of the victim who:
(i) has been convicted in this state of a violation of:
(A) Section 76-5-301, Subsection (1)(c) or (d), kidnapping;
(B) Section 76-5-301.1, child kidnapping;
(C) Section 76-5-302, aggravated kidnapping; or
(D) attempting, soliciting, or conspiring to commit any felony offense listed inSubsections (1)(g)(i)(A) through (C);
(ii) has been convicted of any crime, or an attempt, solicitation, or conspiracy to commita crime in another jurisdiction, including any state, federal, or military court that is substantiallyequivalent to the offenses listed in Subsection (1)(g)(i) and who is:
(A) a Utah resident; or
(B) not a Utah resident, but who, in any 12 month period, is in this state for a total of 10or more days, regardless of whether or not the offender intends to permanently reside in thisstate;
(iii) (A) is required to register as an offender in any other jurisdiction, or who is requiredto register as an offender by any state, federal, or military court; and
(B) in any 12 month period, is in this state for a total of 10 or more days, regardless ofwhether or not the offender intends to permanently reside in this state;
(iv) is a nonresident regularly employed or working in this state, or who is a student inthis state, and was convicted of one or more offenses listed in Subsection (1)(g), or anysubstantially equivalent offense in another jurisdiction, or as a result of the conviction, isrequired to register in the person's state of residence;
(v) is found not guilty by reason of insanity in this state or in any other jurisdiction of oneor more offenses listed in Subsection (1)(g); or
(vi) is adjudicated delinquent based on one or more offenses listed in Subsection (1)(g)(i)
and who has been committed to the division for secure confinement and remains in the division'scustody 30 days prior to the person's 21st birthday.
(h) "Natural parent" means a minor's biological or adoptive parent, and includes theminor's noncustodial parent.
(i) "Offender" means a kidnap offender as defined in Subsection (1)(g) or a sex offenderas defined in Subsection (1)(n).
(j) "Online identifier" or "Internet identifier":
(i) means any electronic mail, chat, instant messenger, social networking, or similarname used for Internet communication; and
(ii) does not include date of birth, Social Security number, PIN number, or Internetpasswords.
(k) "Primary residence" means the location where the offender regularly resides, even ifthe offender intends to move to another location or return to another location at any future date.
(l) "Register" means to comply with the requirements of this section and administrativerules of the department made under this section.
(m) "Secondary residence" means any real property that the offender owns or has afinancial interest in, or any location where, in any 12 month period, the offender stays overnight atotal of 10 or more nights when not staying at the offender's primary residence.
(n) "Sex offender" means any person:
(i) convicted in this state of:
(A) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
(B) a felony or class A misdemeanor violation of Section 76-9-702.7, voyeurism;
(C) a felony violation of Section 76-5-401, unlawful sexual activity with a minor;
(D) Section 76-5-401.1, sexual abuse of a minor;
(E) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
(F) Section 76-5-402, rape;
(G) Section 76-5-402.1, rape of a child;
(H) Section 76-5-402.2, object rape;
(I) Section 76-5-402.3, object rape of a child;
(J) a felony violation of Section 76-5-403, forcible sodomy;
(K) Section 76-5-403.1, sodomy on a child;
(L) Section 76-5-404, forcible sexual abuse;
(M) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child;
(N) Section 76-5-405, aggravated sexual assault;
(O) Section 76-5a-3, sexual exploitation of a minor;
(P) Section 76-7-102, incest;
(Q) Subsection 76-9-702(1), lewdness, if the person has been convicted of the offensefour or more times;
(R) Subsection 76-9-702(3), sexual battery, if the person has been convicted of theoffense four or more times;
(S) any combination of convictions of Subsection 76-9-702(1), lewdness, and ofSubsection 76-9-702(3), sexual battery, that total four or more convictions;
(T) Section 76-9-702.5, lewdness involving a child;
(U) Section 76-10-1306, aggravated exploitation of prostitution; or
(V) attempting, soliciting, or conspiring to commit any felony offense listed in
Subsection (1)(n)(i);
(ii) who has been convicted of any crime, or an attempt, solicitation, or conspiracy tocommit a crime in another jurisdiction, including any state, federal, or military court that issubstantially equivalent to the offenses listed in Subsection (1)(n)(i) and who is:
(A) a Utah resident; or
(B) not a Utah resident, but who, in any 12 month period, is in this state for a total of 10or more days, regardless of whether the offender intends to permanently reside in this state;
(iii) (A) who is required to register as an offender in any other jurisdiction, or who isrequired to register as an offender by any state, federal, or military court; and
(B) who, in any 12 month period, is in the state for a total of 10 or more days, regardlessof whether or not the offender intends to permanently reside in this state;
(iv) who is a nonresident regularly employed or working in this state or who is a studentin this state and was convicted of one or more offenses listed in Subsection (1)(n)(i), or anysubstantially equivalent offense in any jurisdiction, or as a result of the conviction, is required toregister in the person's jurisdiction of residence;
(v) who is found not guilty by reason of insanity in this state, or in any other jurisdictionof one or more offenses listed in Subsection (1)(n)(i); or
(vi) who is adjudicated delinquent based on one or more offenses listed in Subsection(1)(n)(i) and who has been committed to the division for secure confinement and remains in thedivision's custody 30 days prior to the person's 21st birthday.
(o) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration inany jurisdiction.
(2) The department, to assist in investigating kidnapping and sex-related crimes, and inapprehending offenders, shall:
(a) develop and operate a system to collect, analyze, maintain, and disseminateinformation on offenders and sex and kidnap offenses;
(b) make information listed in Subsection (27) available to the public; and
(c) share information provided by an offender under this section that may not be madeavailable to the public under Subsection (27), but only:
(i) for the purposes under this Subsection (2); or
(ii) in accordance with Section 63G-2-206.
(3) Any law enforcement agency shall, in the manner prescribed by the department,inform the department of:
(a) the receipt of a report or complaint of an offense listed in Subsection (1)(g) or (n),within three business days; and
(b) the arrest of a person suspected of any of the offenses listed in Subsection (1)(g) or(n), within five business days.
(4) Upon convicting a person of any of the offenses listed in Subsection (1)(g) or (n), theconvicting court shall within three business days forward a copy of the judgment and sentence tothe department.
(5) An offender in the custody of the department shall be registered by agents of thedepartment upon:
(a) placement on probation;
(b) commitment to a secure correctional facility operated by or under contract to thedepartment;
(c) release from confinement to parole status, termination or expiration of sentence, orescape;
(d) entrance to and release from any community-based residential program operated by orunder contract to the department; or
(e) termination of probation or parole.
(6) An offender who is not in the custody of the department and who is confined in acorrectional facility not operated by or under contract to the department shall be registered withthe department by the sheriff of the county in which the offender is confined, upon:
(a) commitment to the correctional facility; and
(b) release from confinement.
(7) An offender in the custody of the division shall be registered with the department bythe division prior to release from custody.
(8) An offender committed to a state mental hospital shall be registered with thedepartment by the hospital upon admission and upon discharge.
(9) (a) (i) A municipal or county law enforcement agency shall register an offender whoresides within the agency's jurisdiction and is not under the supervision of the Division of AdultProbation and Parole within the department.
(ii) In order to conduct offender registration under this section, the agency shall ensurethe agency staff responsible for registration:
(A) has received initial training by the department and has been certified by thedepartment as qualified and authorized to conduct registrations and enter offender registrationinformation into the registry database; and
(B) certify annually with the department.
(b) (i) When the department receives offender registration information regarding achange of an offender's primary residence location, the department shall within five dayselectronically notify the law enforcement agencies that have jurisdiction over the area where:
(A) the residence that the offender is leaving is located; and
(B) the residence to which the offender is moving is located.
(ii) The department shall provide notification under this Subsection (9)(b) if theoffender's change of address is between law enforcement agency jurisdictions, or is within onejurisdiction.
(c) The department shall make available to offenders required to register under thissection the name of the agency, whether it is a local law enforcement agency or the department,that the offender should contact to register, the location for registering, and the requirements ofregistration.
(10) An offender convicted by any other jurisdiction is required to register underSubsection (1)(g) or (n) and Subsection (12) and shall register with the department within 10days of entering the state, regardless of the offender's length of stay.
(11) (a) An offender required to register under Subsection (1)(g) or (n) who is undersupervision by the department shall register with Division of Adult Probation and Parole.
(b) An offender required to register under Subsection (1)(g) or (n) who is no longer undersupervision by the department shall register with the police department or sheriff's office that hasjurisdiction over the area where the offender resides.
(12) (a) Except as provided in Subsections (12)(b), (c), and (d), an offender shall, for theduration of the sentence and for 10 years after termination of sentence or custody of the division,
register every year during the month of the offender's birth, during the month that is the sixthmonth after the offender's birth month, and also within three business days of every change of theoffender's primary residence, any secondary residences, place of employment, vehicleinformation, or educational information required to be submitted under Subsection (14).
(b) Except as provided Subsections (12)(c) and (d), an offender who is convicted inanother jurisdiction of an offense listed in Subsection (1)(g)(i) or (n)(i), a substantially similaroffense, or any other offense that requires registration in the jurisdiction of conviction, shall:
(i) register for the time period, and in the frequency, required by the jurisdiction wherethe offender was convicted if that jurisdiction's registration period or registration frequencyrequirement for the offense that the offender was convicted of is greater than the 10 years fromcompletion of the sentence registration period that is required under Subsection (12)(a), or ismore frequent than every six months; or
(ii) register in accordance with the requirements of Subsection (12)(a), if thejurisdiction's registration period or frequency requirement for the offense that the offender wasconvicted of is less than the registration period required under Subsection (12)(a), or is lessfrequent than every six months.
(c) (i) (A) An offender convicted as an adult of any of the offenses listed in Subsection(12)(c)(ii) shall, for the offender's lifetime, register every year during the month of the offender'sbirth, during the month that is the sixth month after the offender's birth month, and also withinthree business days of every change of the offender's primary residence, any secondaryresidences, place of employment, vehicle information, or educational information required to besubmitted under Subsection (14).
(B) This registration requirement is not subject to exemptions and may not be terminatedor altered during the offender's lifetime.
(ii) Offenses referred to in Subsection (12)(c)(i) are:
(A) any offense listed in Subsection (1)(g) or (n) if, at the time of the conviction, theoffender has previously been convicted of an offense listed in Subsection (1)(g) or (n) or haspreviously been required to register as a sex offender for an offense committed as a juvenile;
(B) a conviction for any of the following offenses, including attempting, soliciting, orconspiring to commit any felony of:
(I) Section 76-5-301.1, child kidnapping, except if the offender is a natural parent of thevictim;
(II) Section 76-5-402, rape;
(III) Section 76-5-402.1, rape of a child;
(IV) Section 76-5-402.2, object rape;
(V) Section 76-5-402.3, object rape of a child;
(VI) Section 76-5-403.1, sodomy on a child;
(VII) Subsection 76-5-404.1(4), aggravated sexual abuse of a child; or
(VIII) Section 76-5-405, aggravated sexual assault;
(C) Section 76-4-401, a felony violation of enticing a minor over the Internet;
(D) Section 76-5-302, aggravated kidnapping, except if the offender is a natural parent ofthe victim;
(E) Section 76-5-403, forcible sodomy;
(F) Section 76-5-404.1, sexual abuse of a child; or
(G) Section 76-5a-3, sexual exploitation of a minor.
(d) Notwithstanding Subsections (12)(a), (b), and (c), an offender who is confined in asecure facility or in a state mental hospital is not required to register during the period ofconfinement.
(e) An offender who is required to register under this Subsection (12) shall surrender theoffender's license, certificate, or identification card as required under Subsection 53-3-216(3) or53-3-807(4) and may apply for a license certificate or identification card as provided underSection 53-3-205 or 53-3-804.
(f) A sex offender who violates Section 77-27-21.8 while required to register under thissection shall register for an additional five years subsequent to the registration period otherwiserequired under this section.
(13) An agency in the state that registers an offender on probation, an offender who hasbeen released from confinement to parole status or termination, or an offender whose sentencehas expired shall inform the offender of the duty to comply with:
(a) the continuing registration requirements of this section during the period ofregistration required in Subsection (12), including:
(i) notification to the state agencies in the states where the registrant presently residesand plans to reside when moving across state lines;
(ii) verification of address at least every 60 days pursuant to a parole agreement forlifetime parolees; and
(iii) notification to the out-of-state agency where the offender is living, whether or notthe offender is a resident of that state; and
(b) the driver license certificate or identification card surrender requirement underSubsection 53-3-216(3) or 53-3-807(4) and application provisions under Section 53-3-205 or53-3-804.
(14) An offender shall provide the department or the registering entity with the followinginformation:
(a) all names and aliases by which the offender is or has been known;
(b) the addresses of the offender's primary and secondary residences;
(c) a physical description, including the offender's date of birth, height, weight, eye andhair color;
(d) the make, model, color, year, plate number, and vehicle identification number of anyvehicle or vehicles the offender owns or regularly drives;
(e) a current photograph of the offender;
(f) a set of fingerprints, if one has not already been provided;
(g) a DNA specimen, taken in accordance with Section 53-10-404, if one has not alreadybeen provided;
(h) telephone numbers and any other designations used by the offender for routing orself-identification in telephonic communications from fixed locations or cellular telephones;
(i) Internet identifiers and the addresses the offender uses for routing orself-identification in Internet communications or postings;
(j) the name and Internet address of all websites on which the offender is registered usingan online identifier, including all online identifiers used to access those websites;
(k) a copy of the offender's passport, if a passport has been issued to the offender;
(l) if the offender is an alien, all documents establishing the offender's immigrationstatus;
(m) all professional licenses that authorize the offender to engage in an occupation orcarry out a trade or business, including any identifiers, such as numbers;
(n) each educational institution in Utah at which the offender is employed, carries on avocation, or is a student, and any change of enrollment or employment status of the offender atany educational institution;
(o) the name and the address of any place where the offender is employed or will beemployed;
(p) the name and the address of any place where the offender works as a volunteer or willwork as a volunteer; and
(q) the offender's Social Security number.
(15) The department shall:
(a) provide the following additional information when available:
(i) the crimes the offender has been convicted of or adjudicated delinquent for;
(ii) a description of the offender's primary and secondary targets; and
(iii) any other relevant identifying information as determined by the department;
(b) maintain the Sex Offender and Kidnap Offender Notification and Registrationwebsite; and
(c) ensure that the registration information collected regarding an offender's enrollmentor employment at an educational institution is:
(i) (A) promptly made available to any law enforcement agency that has jurisdictionwhere the institution is located if the educational institution is an institution of higher education;or
(B) promptly made available to the district superintendent of the school district where theoffender is enrolled if the educational institution is an institution of primary education; and
(ii) entered into the appropriate state records or data system.
(16) (a) An offender who knowingly fails to register under this section or provides falseor incomplete information is guilty of:
(i) a third degree felony and shall be sentenced to serve a term of incarceration for notless than 90 days and also at least one year of probation if:
(A) the offender is required to register for a felony conviction or adjudicated delinquentfor what would be a felony if the juvenile were an adult of an offense listed in Subsection(1)(g)(i) or (n)(i); or
(B) the offender is required to register for the offender's lifetime under Subsection(12)(c); or
(ii) a class A misdemeanor and shall be sentenced to serve a term of incarceration for notfewer than 90 days and also at least one year of probation if the offender is required to registerfor a misdemeanor conviction or is adjudicated delinquent for what would be a misdemeanor ifthe juvenile were an adult of an offense listed in Subsection (1)(g)(i) or (n)(i).
(b) Neither the court nor the Board of Pardons and Parole may release a person whoviolates this section from serving the term required under Subsection (16)(a). This Subsection(16)(b) supersedes any other provision of the law contrary to this section.
(c) The offender shall register for an additional year for every year in which the offenderdoes not comply with the registration requirements of this section.
(17) Notwithstanding Title 63G, Chapter 2, Government Records Access andManagement Act, information under Subsection (15) that is collected and released under
Subsection (27) is public information, unless otherwise restricted under Subsection (2)(c).
(18) (a) If an offender is to be temporarily sent outside a secure facility in which theoffender is confined on any assignment, including, without limitation, firefighting or disastercontrol, the official who has custody of the offender shall, within a reasonable time prior toremoval from the secure facility, notify the local law enforcement agencies where the assignmentis to be filled.
(b) This Subsection (18) does not apply to any person temporarily released under guardfrom the institution in which the person is confined.
(19) Notwithstanding Title 77, Chapter 40, Utah Expungement Act, a person convictedof any offense listed in Subsection (1)(g) or (n) is not relieved from the responsibility to registeras required under this section.
(20) Notwithstanding Section 42-1-1, an offender:
(a) may not change the offender's name:
(i) while under the jurisdiction of the department; and
(ii) until the registration requirements of this statute have expired; and
(b) may not change the offender's name at any time, if registration is for life underSubsection (12)(c).
(21) The department may make administrative rules necessary to implement this section,including:
(a) the method for dissemination of the information; and
(b) instructions to the public regarding the use of the information.
(22) Any information regarding the identity or location of a victim shall be redacted bythe department from information provided under Subsections (14) and (15).
(23) This section does not create or impose any duty on any person to request or obtaininformation regarding any offender from the department.
(24) The department shall maintain a Sex Offender and Kidnap Offender Notificationand Registration website on the Internet, which shall contain a disclaimer informing the public:
(a) the information contained on the site is obtained from offenders and the departmentdoes not guarantee its accuracy or completeness;
(b) members of the public are not allowed to use the information to harass or threatenoffenders or members of their families; and
(c) harassment, stalking, or threats against offenders or their families are prohibited anddoing so may violate Utah criminal laws.
(25) The Sex Offender and Kidnap Offender Notification and Registration website shallbe indexed by both the surname of the offender and by postal codes.
(26) The department shall construct the Sex Offender Notification and Registrationwebsite so that users, before accessing registry information, must indicate that they have read thedisclaimer, understand it, and agree to comply with its terms.
(27) The Sex Offender and Kidnap Offender Notification and Registration website shallinclude the following registry information:
(a) all names and aliases by which the offender is or has been known, but not includingany online or Internet identifiers;
(b) the addresses of the offender's primary, secondary, and temporary residences;
(c) a physical description, including the offender's date of birth, height, weight, and eyeand hair color;
(d) the make, model, color, year, and plate number of any vehicle or vehicles theoffender owns or regularly drives;
(e) a current photograph of the offender;
(f) a list of all professional licenses that authorize the offender to engage in anoccupation or carry out a trade or business;
(g) each educational institution in Utah at which the offender is employed, carries on avocation, or is a student;
(h) a list of places where the offender works as a volunteer; and
(i) the crimes listed in Subsections (1)(g) and(n) that the offender has been convicted ofor for which the offender has been adjudicated delinquent in juvenile court.
(28) The department, its personnel, and any individual or entity acting at the request orupon the direction of the department are immune from civil liability for damages for good faithcompliance with this section and will be presumed to have acted in good faith by reportinginformation.
(29) The department shall redact information that, if disclosed, could reasonably identifya victim.
(30) (a) Each offender required to register under Subsection (12) shall, in the month ofthe offender's birth:
(i) pay to the department an annual fee of $100 each year the offender is subject to theregistration requirements of this section; and
(ii) pay to the registering agency, if it is an agency other than the Department ofCorrections, an annual fee of not more than $25, which may be assessed by that agency forproviding registration.
(b) Notwithstanding Subsection (30)(a), an offender who is confined in a secure facilityor in a state mental hospital is not required to pay the annual fee.
(c) The department shall deposit fees under this Subsection (30) in the General Fund as adedicated credit, to be used by the department for maintaining the offender registry under thissection and monitoring offender registration compliance, including the costs of:
(i) data entry;
(ii) processing registration packets;
(iii) updating registry information;
(iv) ensuring offender compliance with registration requirements under this section; and
(v) apprehending offenders who are in violation of the offender registration requirementsunder this section.
(31) Notwithstanding Subsections (2)(c) and (14)(i) and (j), an offender is not required toprovide the department with:
(a) the offender's online identifier and password used exclusively for the offender'semployment on equipment provided by an employer and used to access the employer's privatenetwork; or
(b) online identifiers for the offender's financial accounts, including any bank, retirement,or investment accounts.
Amended by Chapter 55, 2010 General Session
Amended by Chapter 120, 2010 General Session
Amended by Chapter 144, 2010 General Session
Amended by Chapter 283, 2010 General Session
Amended by Chapter 328, 2010 General Session