Superseded 7/1/2024

(1)  The department, to assist in investigating kidnapping and sex-related crimes, and in apprehending offenders, shall:

Terms Used In Utah Code 77-41-103

  • Arrest: Taking physical custody of a person by lawful authority.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the Department of Corrections. See Utah Code 77-41-102
  • Kidnap offender: means any individual, other than a natural parent of the victim:
(a) who has been convicted in this state of a violation of:
(i) Subsection 76-5-301(2)(c) or (d), kidnapping;
(ii) Section 76-5-301. 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
  • Person: means :Utah Code 68-3-12.5
  • 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
  • Sex offender: means any individual:
    (a) convicted in this state of:
    (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
    (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult;
    (iii) Section 76-5-308. See Utah Code 77-41-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  develop and operate a system to collect, analyze, maintain, and disseminate information on offenders and sex and kidnap offenses;

    (b)  make information listed in Subsection 77-41-110(4) available to the public; and

    (c)  share information provided by an offender under this chapter that may not be made available to the public under Subsection 77-41-110(4), but only:

    (i)  for the purposes under this chapter; or

    (ii)  in accordance with Section 63G-2-206.

    (2)  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 77-41-102(10) or (18), within three business days; and

    (b)  the arrest of a person suspected of any of the offenses listed in Subsection 77-41-102(10) or (18), within five business days.

    (3)  Upon convicting a person of any of the offenses listed in Subsection 77-41-102(10) or (18), the convicting court shall within three business days forward a signed copy of the judgment and sentence to the Sex and Kidnap Offender Registry office within the Department of Corrections.

    (4)  Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a conviction for any offense listed in Subsection 77-41-102(10) or (18), the court shall, within three business days, forward a signed copy of the order to the Sex and Kidnap Offender Registry office within the Department of Corrections.

    (5)  The department may intervene in any matter, including a criminal action, where the matter purports to affect a person’s lawfully entered registration requirement.

    (6)  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 Registration website; and

    (c)  ensure that the registration information collected regarding an offender’s enrollment or employment at an educational institution is:

    (i) 

    (A)  promptly made available to any law enforcement agency that has jurisdiction where 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 the offender is employed if the educational institution is an institution of primary education; and

    (ii)  entered into the appropriate state records or data system.

    Amended by Chapter 123, 2023 General Session