(1)  Except for an offender who is subject to lifetime registration under Subsection 77-41-106(1), the department shall, if the offender was under 18 years old at the time of the offense, maintain, but not publish, the offender’s information on the registration website for an offense listed in Subsection 77-41-102(10)(a), (e), or (f) or 77-41-102(18)(a), (e), or (f).

Terms Used In Utah Code 77-41-114

  • Convicted: includes , unless otherwise specified, the period a plea is held in abeyance pursuant to a plea in abeyance agreement as defined in Section 77-2a-1. See Utah Code 77-41-102
  • Department: means the Department of Corrections. See Utah Code 77-41-102
  • Offender: means a kidnap offender as defined in Subsection (10) or a sex offender as defined in Subsection (18). See Utah Code 77-41-102
  • Register: means to comply with the requirements of this chapter and administrative rules of the department made under this chapter. See Utah Code 77-41-102
  • Registration website: means the Sex and Kidnap Offender Notification and Registration website described in Section 77-41-110 and the information on the website. See Utah Code 77-41-102
(2) 

(a)  If, based on the information provided to the department by the sentencing court, prosecuting entity, offender, or offender’s counsel, the department cannot determine if the offender is eligible for an exemption to publication on the registration website as described in Subsection (1), the department shall continue to publish the offender’s information on the registration website.

(b)  Information may be provided to the department at any time in order to clarify the offender’s age at the time of the offense.

(c)  This section does not prohibit the department from seeking or receiving information from individuals or entities other than those identified in Subsection (2)(a).

(3)  This section applies to offenders with a registration requirement on or after May 3, 2023, regardless of when the offender was first required to register.

(4)  An offender convicted after May 3, 2023, of an offense committed when the individual was under 18 years old, is not subject to registration requirements under this chapter unless the offender:

(a)  is charged by criminal information in juvenile court under Section 80-6-503;

(b)  is bound over to district court in accordance with Section 80-6-504; and

(c)  is convicted of a qualifying offense described in Subsection 77-41-102(10)(a) or 77-41-102(18)(a).

Enacted by Chapter 123, 2023 General Session

  Previous section
Next section  
 Chapter 41 Contents