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2021 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 41 - Sex and Kidnap Offender Registry
Section 102 - Definitions.
Universal Citation: UT Code § 77-41-102 (2021)
Effective 9/1/2021
77-41-102. Definitions.
As used in this chapter:
Revisor instructions Chapter 2, 2021 Special Session 1
Amended by Chapter 2, 2021 Special Session 1
77-41-102. Definitions.
As used in this chapter:
- (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public Safety established in section 53-10-201.
- (2) "Business day" means a day on which state offices are open for regular business.
- (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal Identification showing that the offender has met the requirements of Section 77-41-112.
- (4) "Department" means the Department of Corrections.
- (5) "Division" means the Division of Juvenile Justice Services.
- (6) "Employed" or "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.
- (7) "Indian Country" means:
- (a) all land within the limits of any Indian reservation under the jurisdiction of the United States government, regardless of the issuance of any patent, and includes rights-of-way running through the reservation;
- (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory, and whether or not within the limits of a state; and
- (c) all Indian allotments, including the Indian allotments to which the Indian titles have not been extinguished, including rights-of-way running through the allotments.
- (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any property under the jurisdiction of the United States military, Canada, the United Kingdom, Australia, or New Zealand.
- (9) "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(1)(c) or (d), kidnapping;
- (ii) Section 76-5-301.1, child kidnapping;
- (iii) Section 76-5-302, aggravated kidnapping;
- (iv) Section 76-5-308, human trafficking for labor and human smuggling;
- (v) Section 76-5-308, human smuggling, when the individual smuggled is under 18 years old;
- (vi) Section 76-5-308.5, human trafficking of a child for labor;
- (vii) Section 76-5-310, aggravated human trafficking and aggravated human smuggling, on or after May 10, 2011;
- (viii) Section 76-5-311, human trafficking of a vulnerable adult for labor; or
- (ix) attempting, soliciting, or conspiring to commit any felony offense listed in Subsections (9)(a)(i) through (iii);
- (b)
- (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy to commit a crime in another jurisdiction, including any state, federal, or military court that is substantially equivalent to the offenses listed in Subsection (9)(a); and
- (ii) who is:
- (A) a Utah resident; or
- (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of 10 or more days, regardless of whether or not the offender intends to permanently reside in this state;
- (c)
- (i)
- (A) who is required to register as a kidnap offender in any other jurisdiction of original conviction;
- (B) who is required to register as a kidnap offender by any state, federal, or military court; or
- (C) who would be required to register as a kidnap offender if residing in the jurisdiction of the conviction regardless of the date of the conviction or any previous registration requirements; and
- (ii) in any 12-month period, who is in this state for a total of 10 or more days, regardless of whether or not the offender intends to permanently reside in this state;
- (i)
- (d)
- (i)
- (A) who is a nonresident regularly employed or working in this state; or
- (B) who is a student in this state; and
- (ii)
- (A) who was convicted of one or more offenses listed in Subsection (9), or any substantially equivalent offense in another jurisdiction; or
- (B) as a result of the conviction, who is required to register in the individual's state of residence;
- (i)
- (e) who is found not guilty by reason of insanity in this state or in any other jurisdiction of one or more offenses listed in Subsection (9); or
- (f)
- (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in Subsection (9)(a); and
- (ii) who has been committed to the division for secure care, as defined in Section 80-1-102, for that offense and:
- (A) the individual remains in the division's custody until 30 days before the individual's 21st birthday; or
- (B) if the juvenile court extended the juvenile court's jurisdiction over the individual under Section 80-6-605, the individual remains in the division's custody until 30 days before the individual's 25th birthday.
- (a) who has been convicted in this state of a violation of:
- (10) "Natural parent" means a minor's biological or adoptive parent, and includes the minor's noncustodial parent.
- (11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender as defined in Subsection (17).
- (12) "Online identifier" or "Internet identifier":
- (a) means any electronic mail, chat, instant messenger, social networking, or similar name used for Internet communication; and
- (b) does not include date of birth, social security number, PIN number, or Internet passwords.
- (13) "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.
- (14) "Register" means to comply with the requirements of this chapter and administrative rules of the department made under this chapter.
- (15) "Registration website" means the Sex and Kidnap Offender Notification and Registration website described in Section 77-41-110 and the information on the website.
- (16) "Secondary residence" means any real property that the offender owns or has a financial interest in, or any location where, in any 12-month period, the offender stays overnight a total of 10 or more nights when not staying at the offender's primary residence.
- (17) "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, on or after May 10, 2011;
- (iii) Section 76-5-308, human trafficking for sexual exploitation;
- (iv) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
- (v) Section 76-5-310, aggravated human trafficking for sexual exploitation;
- (vi) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
- (vii) Section 76-5-401, unlawful sexual activity with a minor, except as provided in Subsection 76-5-401(3)(b) or (c);
- (viii) Section 76-5-401.1, sexual abuse of a minor, except as provided in Subsection 76-5-401.1(3);
- (ix) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
- (x) Section 76-5-402, rape;
- (xi) Section 76-5-402.1, rape of a child;
- (xii) Section 76-5-402.2, object rape;
- (xiii) Section 76-5-402.3, object rape of a child;
- (xiv) a felony violation of Section 76-5-403, forcible sodomy;
- (xv) Section 76-5-403.1, sodomy on a child;
- (xvi) Section 76-5-404, forcible sexual abuse;
- (xvii) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child;
- (xviii) Section 76-5-405, aggravated sexual assault;
- (xix) Section 76-5-412, custodial sexual relations, when the individual in custody is younger than 18 years old, if the offense is committed on or after May 10, 2011;
- (xx) Section 76-5b-201, sexual exploitation of a minor;
- (xxi) Section 76-5b-204, sexual extortion or aggravated sexual extortion;
- (xxii) Section 76-7-102, incest;
- (xxiii) Section 76-9-702, lewdness, if the individual has been convicted of the offense four or more times;
- (xxiv) Section 76-9-702.1, sexual battery, if the individual has been convicted of the offense four or more times;
- (xxv) any combination of convictions of Section 76-9-702, lewdness, and of Section 76-9-702.1, sexual battery, that total four or more convictions;
- (xxvi) Section 76-9-702.5, lewdness involving a child;
- (xxvii) a felony or class A misdemeanor violation of Section 76-9-702.7, voyeurism;
- (xxviii) Section 76-10-1306, aggravated exploitation of prostitution; or
- (xxix) attempting, soliciting, or conspiring to commit any felony offense listed in this Subsection (17)(a);
- (b)
- (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy to commit a crime in another jurisdiction, including any state, federal, or military court that is substantially equivalent to the offenses listed in Subsection (17)(a); and
- (ii) who is:
- (A) a Utah resident; or
- (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of 10 or more days, regardless of whether the offender intends to permanently reside in this state;
- (c)
- (i)
- (A) who is required to register as a sex offender in any other jurisdiction of original conviction;
- (B) who is required to register as a sex offender by any state, federal, or military court; or
- (C) who would be required to register as a sex offender if residing in the jurisdiction of the original conviction regardless of the date of the conviction or any previous registration requirements; and
- (ii) who, in any 12-month period, is in the state for a total of 10 or more days, regardless of whether or not the offender intends to permanently reside in this state;
- (i)
- (d)
- (i)
- (A) who is a nonresident regularly employed or working in this state; or
- (B) who is a student in this state; and
- (ii)
- (A) who was convicted of one or more offenses listed in Subsection (17)(a), or any substantially equivalent offense in any jurisdiction; or
- (B) who is, as a result of the conviction, required to register in the individual's jurisdiction of residence;
- (i)
- (e) who is found not guilty by reason of insanity in this state, or in any other jurisdiction of one or more offenses listed in Subsection (17)(a); or
- (f)
- (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in Subsection (17)(a); and
- (ii) who has been committed to the division for secure care, as defined in Section 80-1-102, for that offense and:
- (A) the individual remains in the division's custody until 30 days before the individual's 21st birthday; or
- (B) if the juvenile court extended the juvenile court's jurisdiction over the individual under Section 80-6-605, the individual remains in the division's custody until 30 days before the individual's 25th birthday.
- (a) convicted in this state of:
- (18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
- (19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in any jurisdiction.
Revisor instructions Chapter 2, 2021 Special Session 1
Amended by Chapter 2, 2021 Special Session 1
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