2005 Idaho Code - 18-8304 — APPLICATION OF CHAPTER

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 83
                SEXUAL OFFENDER REGISTRATION NOTIFICATION AND
                         COMMUNITY RIGHT-TO-KNOW ACT
    18-8304.  APPLICATION OF CHAPTER. (1) The provisions of this chapter shall
apply to any person who:
    (a)  On or after July 1, 1993, is convicted of the crime, or an attempt, a
    solicitation, or a conspiracy to commit a crime provided for in section
    18-909 (assault with attempt to commit rape, infamous crime against
    nature, or lewd and lascivious conduct with a minor, but excluding mayhem,
    murder or robbery), 18-911 (battery with attempt to commit rape, infamous
    crime against nature, or lewd and lascivious conduct with a minor, but
    excluding mayhem, murder or robbery), 18-1506 (sexual abuse of a child
    under sixteen years of age), 18-1506A (ritualized abuse of a child),
    18-1507 (sexual exploitation of a child), 18-1507A (possession of sexually
    exploitative material for other than a commercial purpose), 18-1508 (lewd
    conduct with a minor child), 18-1508A (sexual battery of a minor child
    sixteen or seventeen years of age), 18-1509A (enticing a child over the
    internet), 18-4003(d) (murder committed in perpetration of rape), 18-4116
    (indecent exposure, but excluding a misdemeanor conviction), 18-4502
    (first degree kidnapping committed for the purpose of rape, committing the
    infamous crime against nature or for committing any lewd and lascivious
    act upon any child under the age of sixteen, or for purposes of sexual
    gratification or arousal), 18-4503 (second degree kidnapping where the
    victim is an unrelated minor child), 18-6101 (rape, but excluding 18-6101
    1. where the defendant is eighteen years of age or younger or where the
    defendant is exempted under subsection (4) of this section), 18-6108 (male
    rape), 18-6110 (sexual contact with a prisoner), 18-6602 (incest), 18-6605
    (crime against nature), 18-6608 (forcible sexual penetration by use of a
    foreign object), or upon a second or subsequent conviction under 18-6609,
    Idaho Code (video voyeurism).
    (b)  On or after July 1, 1993, has been convicted of any crime, an
    attempt, a solicitation or a conspiracy to commit a crime in another
    state, territory, commonwealth, or other jurisdiction of the United
    States, including tribal courts and military courts, that is substantially
    equivalent to the offenses listed in subsection (1)(a) of this section and
    enters the state to establish permanent or temporary residence.
    (c)  Has been convicted of any crime, an attempt, a solicitation or a
    conspiracy to commit a crime in another state, territory, commonwealth, or
    other jurisdiction of the United States, including tribal courts and
    military courts, that is substantially equivalent to the offenses listed
    in subsection (1)(a) of this section and was required to register as a sex
    offender in any other state or jurisdiction when he established permanent
    or temporary residency in Idaho.
    (d)  Pleads guilty to or has been found guilty of a crime covered in this
    chapter prior to July 1, 1993, and the person, as a result of the offense,
    is incarcerated in a county jail facility or a penal facility or is under
    probation or parole supervision, on or after July 1, 1993.
    (e)  Is a nonresident regularly employed or working in Idaho or is a
    student in the state of Idaho and was convicted, found guilty or pleaded
    guilty to a crime covered by this chapter and, as a result of such
    conviction, finding or plea, is required to register in his state of
    residence.
    (2)  The provisions of this chapter shall not apply to any such person
while the person is incarcerated in a correctional institution of the
department of correction, a county jail facility or committed to a mental
health institution of the department of health and welfare.
    (3)  A conviction for purposes of this chapter means that the person has
pled guilty or has been found guilty, notwithstanding the form of the judgment
or withheld judgment.
    (4)  When a defendant is convicted of rape under section 18-6101 1., Idaho
Code, and at the time of the offense the defendant is nineteen (19) or twenty
(20) years of age and not more than three (3) years older than the victim of
the rape, the court may order that the defendant is exempt from the
requirements of this chapter upon a finding by the court that:
    (a)  All parties have stipulated to the exemption; or
    (b)  The defendant has demonstrated by clear and convincing evidence that
    he is not a risk to commit another crime identified in subsection (1) of
    this section and in the case there were no allegations by the victim of
    any violation of section 18-6101 2. through 7., Idaho Code.