Terms Used In Utah Code 77-43-105

• carries on a vocation: includes employment that is full time or part time, whether financially compensated, volunteered, or for the purpose of government or educational benefit. See Utah Code 77-43-102
• Child abuse offender: means any person who:

  (a)

  has been convicted in this state of a felony violation of: (i)  Subsection 76-5-109. See Utah Code 77-43-102 Conviction: A judgement of guilt against a criminal defendant. Department: means the Department of Corrections. See Utah Code 77-43-102 Division: means the Division of Juvenile Justice Services. See Utah Code 77-43-102 Jurisdiction: means any state, Indian Country, United States Territory, or any property under the jurisdiction of the United States Armed Forces, Canada, the United Kingdom, Australia, or New Zealand. See Utah Code 77-43-102 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Offender: means a child abuse offender as defined in Subsection (2). See Utah Code 77-43-102 Person: means :Utah Code 68-3-12.5 Primary residence: means the location where the offender regularly resides, even if the offender intends to move to another location or return to another location at any future date. See Utah Code 77-43-102 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Register: means to comply with the requirements of this chapter and administrative rules of the department made under this chapter. See Utah Code 77-43-102 Registration website: means the Child Abuse Offender Notification and Registration website described in Section 77-43-108 and the information on the website. See Utah Code 77-43-102 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 Statute: A law passed by a legislature. Vehicle: means any motor vehicle, aircraft, or watercraft subject to registration in any jurisdiction. See Utah Code 77-43-102 Venue: The geographical location in which a case is tried. (2)  (a)  An offender required to register under this chapter who is under supervision by the department shall register in person with Division of Adult Probation and Parole. (b)  An offender required to register under this chapter who is no longer under supervision by the department shall register in person with the police department or sheriff’s office that has jurisdiction over the area where the offender resides. (3)  (a)  Except as provided in Subsections (3)(b), (c), and (4), an offender shall, for the duration 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 date of birth, during the month that is the sixth month after the offender’s birth month, and also within three business days of every change of the offender’s primary residence, any secondary residences, place of employment, vehicle information, or educational information required to be submitted under Subsection (6). (b)  Except as provided in Subsections (4) and (5), an offender who is convicted in another jurisdiction of an offense listed in Subsection 77-43-102(2)(a), a substantially similar offense, 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 where the offender was convicted if that jurisdiction’s registration period or registration frequency requirement for the offense that the offender was convicted of is greater than the 10 years from completion of the sentence registration period that is required under Subsection (2)(a), or is more frequent than every six months; or (ii)  register in accordance with the requirements of Subsection (2)(a), if the jurisdiction’s registration period or frequency requirement for the offense that the offender was convicted of is less than the registration period required under Subsection (2)(a), or is less frequent than every six months. (c)  (i)  An offender convicted as an adult of any first degree felony offense listed in Subsection 77-43-102(2)(a) shall, for the offender’s lifetime, register every year during the month of the offender’s birth, during the month that is the sixth month after the offender’s birth month, and also within three business days of every change of the offender’s primary residence, any secondary residences, place of employment, vehicle information, or educational information required to be submitted under Subsection (6). (ii)  This registration requirement is not subject to exemptions and may not be terminated or altered during the offender’s lifetime. (d)  For the purpose of establishing venue for a violation of this Subsection (3), the violation is considered to be committed: (i)  at the most recent registered primary residence of the offender or at the location of the offender, if the actual location of the offender at the time of the violation is not known; or (ii)  at the location of the offender at the time the offender is apprehended. (4)  Notwithstanding Subsection (3), an offender who is confined in a secure facility or in a state mental hospital is not required to register during the period of confinement. (5)  In the case of an offender adjudicated in another jurisdiction as a juvenile and required to register under this chapter, the offender shall register in the time period and in the frequency consistent with the requirements of this Subsection (5). However, if the jurisdiction of the offender’s adjudication does not publish the offender’s information on a public website, the department shall maintain, but not publish the offender’s information on the Child Abuse Offender Registration website. (6)  An offender shall provide the department or the registering entity with the following information: (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 and hair color; (d)  the make, model, color, year, plate number, and vehicle identification number of any vehicle 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 already been provided; (h)  telephone numbers and any other designations used by the offender for routing or self-identification in telephonic communications from fixed locations or cellular telephones; (i)  Internet identifiers and the addresses the offender uses for routing or self-identification in Internet communications or postings; (j)  the name and Internet address of all websites on which the offender is registered using an 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 immigration status; (m)  all professional licenses that authorize the offender to engage in an occupation or carry 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 a vocation, or is a student, and any change of enrollment or employment status of the offender at any educational institution; (o)  the name, the telephone number, and the address of any place where the offender is employed or will be employed; (p)  the name, the telephone number, and the address of any place where the offender works as a volunteer or will work as a volunteer; and (q)  the offender’s social security number. (7)  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 under Subsection (3)(c). (8)  Notwithstanding Subsections (6)(i) and (j) and 77-43-103(1)(c), an offender is not required to provide the department with: (a)  the offender’s online identifier and password used exclusively for the offender’s employment on equipment provided by an employer and used to access the employer’s private network; or (b)  online identifiers for the offender’s financial accounts, including any bank, retirement, or investment accounts. Enacted by Chapter 282, 2017 General Session   Previous section Next section    Chapter 43 Contents