Sex Offender Registry

What is the Sex Offender Registry?

Utah Code §77-41 requires the Utah Department of Corrections to develop, operate, and maintain a registry of persons convicted of certain offenses. The full list of offenses can be found in §77-41-102(9) and (16).

Definition of a Sex Offender

A sex offender is any person who has been convicted in the state of Utah for violating sex-related crimes such as rape (§76-5-402), rape of a child (§76-5-402.1), unlawful sexual conduct with a minor or 16-17-year-old (§76-5-401.2), aggravated sexual assault (§76-5-405), and other sexually related crimes.

Who Should Register?

Registration is required for Utah residents who have committed the listed offenses in §77-41-102(9) and (16). However, even if you are not a Utah resident, and regardless of whether you intend to reside permanently reside in the state, you are required to register as a sex offender if you plan on staying for more than ten days.

There are also specific requirements for proper registration. Offenders under Adult Probation and Parole (AP&P) supervision must register with AP&P. Offenders no longer under AP&P are to register with the local police department. Offenders must also register twice every year, once during birth month and once six months later, following the birth month.

Penalties

There are penalties if you fail to register or provide false information. Should you do so, this is a third-degree felony punishable by a sentence of not less than 90 days and a year of probation.

How Long Does My Information Stay in the Registry?

The answer to that depends on what offenses you were convicted. Two separate convictions of certain crimes (child kidnapping, rape, rape of a child, sexual exploitation of a minor), and others, means you will be required to register for life. In other cases, following convictions of kidnapping, voyeurism, forcible sexual abuse, sexual abuse of a minor, incest, lewdness involving a child, aggravated human trafficking, and others require offenders to register for ten years following the date of the termination of their sentence.

Can I Petition for Early Removal?

Offenders convicted in the State of Utah can petition the course for early removal from the registry. However, only the list of offenses below applies:

• 76-5-301 Kidnapping
• 76-5-304 Unlawful detention
• 76-5-401 Unlawful sexual activity with a minor (eligible only if at the time of the offense the offender was not more than 10 years older than the victim)
• 76-4-401 Enticing a Minor (Class A misdemeanor offenses only)
• 76-9-702.7 Voyeurism (Class A misdemeanor offenses only)
• 76-5-401.2 Unlawful Sexual Conduct with a 16 or 17-year-old (eligible only if at the time of the offense the offender was not more than 15 years older than the victim)

Have Questions Regarding the Sex Offender Registry?

If you have been charged of a sex crime that requires the sex offender registry, please contact the criminal defense attorneys at Liberty Law. We have years of experience removing the requirement of the sex offender registry. Call 801-264-6666.