| (1) |
An offender who has been convicted of any offense listed in Section 77-42-105 shall be on the Utah White Collar Crime Offender Registry for:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 77-42-106- Attorney general: means the Utah attorney general or a deputy attorney general. See Utah Code 77-42-102
- Offender: means an individual required to register as provided in Section 77-42-105. See Utah Code 77-42-102
- Register: means to comply with the requirements of this chapter and rules of the Office of the Attorney General made under this chapter. See Utah Code 77-42-102
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
| (a) |
a period of 10 years for a first offense; |
| (b) |
a second period of 10 years for a second conviction under this section; and |
| (c) |
a lifetime period if convicted a third time under this section. |
|
| (2) |
Except as provided in Subsection (3), an offender who has been convicted of any offense listed in Section 77-42-105 after December 31, 2005, shall register:
| (a) |
with the attorney general to be included in the Utah White Collar Crime Offender Registry; and |
| (b) |
| (i) |
no later than 45 days after the offender is sentenced; and |
| (ii) |
in a manner prescribed by the attorney general. |
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| (3) |
An offender is not required to register as provided in Subsection (2) if the offender:
| (a) |
has complied with all court orders at the time of sentencing; |
| (b) |
has paid in full all court-ordered amounts of restitution to victims; and |
| (c) |
has not been convicted of any other offense for which registration would be required. |
|
| (4) |
If an offender is in the custody of the Department of Corrections:
| (a) |
the department shall register the offender within 45 days of sentencing; or |
| (b) |
at the discretion of the department, provide the offender access to necessary resources so that the offender may register within 45 days of sentencing. |
|
| (5) |
| (a) |
An offender who knowingly fails to register within 45 days of sentencing is guilty of a class A misdemeanor. |
| (b) |
An offender who is found guilty under Subsection (5)(a) shall be sentenced to serve a term of incarceration of 30 days or more. |
| (c) |
| (i) |
The Board of Pardons and Parole or a court may not release an individual who violates this chapter from serving the term required under Subsection (5)(b). |
| (ii) |
The provisions of this Subsection (5) supersede any other provision of law. |
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Amended by Chapter 288, 2019 General Session
