13-3821

13-3821. Persons required to register;
procedure; identification card; assessment; definitions

A. A person who has been convicted of or adjudicated guilty except insane
for a violation or attempted violation of any of the following offenses or who has been
convicted of or adjudicated guilty except insane or not guilty by reason of insanity for
an offense committed in another jurisdiction that if committed in this state would be a
violation or attempted violation of any of the following offenses or an offense that was
in effect before September 1, 1978 and that, if committed on or after September 1, 1978,
has the same elements of an offense listed in this section or who is required to register
by the convicting or adjudicating jurisdiction, within ten days after the conviction or
adjudication or within ten days after entering and remaining in any county of this state,
shall register with the sheriff of that county:

1. Unlawful imprisonment pursuant to section 13-1303 if the victim is under
eighteen years of age and the unlawful imprisonment was not committed by the child's
parent.

2. Kidnapping pursuant to section 13-1304 if the victim is under eighteen years of
age and the kidnapping was not committed by the child's parent.

3. Sexual abuse pursuant to section 13-1404 if the victim is under eighteen years
of age.

4. Sexual conduct with a minor pursuant to section 13-1405.

5. Sexual assault pursuant to section 13-1406.

6. Sexual assault of a spouse if the offense was committed before August 12, 2005.

7. Molestation of a child pursuant to section 13-1410.

8. Continuous sexual abuse of a child pursuant to section 13-1417.

9. Taking a child for the purpose of prostitution pursuant to section 13-3206.

10. Child prostitution pursuant to section 13-3212 subsection A or subsection B,
paragraphs 1 or 2.

11. Commercial sexual exploitation of a minor pursuant to section 13-3552.

12. Sexual exploitation of a minor pursuant to section 13-3553.

13. Luring a minor for sexual exploitation pursuant to section 13-3554.

14. Sex trafficking of a minor pursuant to section 13-1307.

15. A second or subsequent violation of indecent exposure to a person under fifteen
years of age pursuant to section 13-1402.

16. A second or subsequent violation of public sexual indecency to a minor under the
age of fifteen years pursuant to section 13-1403, subsection B.

17. A third or subsequent violation of indecent exposure pursuant to section
13-1402.

18. A third or subsequent violation of public sexual indecency pursuant to section
13-1403.

19. A violation of section 13-3822 or 13-3824.

20. Unlawful age misrepresentation.

21. Aggravated luring a minor for sexual exploitation pursuant to section 13-3560.

B. Before the person is released from confinement the state department of
corrections in conjunction with the department of public safety and each county sheriff
shall complete the registration of any person who was convicted of or adjudicated guilty
except insane for a violation of any offense listed under subsection A of this section.
Within three days after the person's release from confinement, the state department of
corrections shall forward the registered person's records to the department of public
safety and to the sheriff of the county in which the registered person intends to
reside. Registration pursuant to this subsection shall be consistent with subsection E
of this section.

C. Notwithstanding subsection A of this section, the judge who sentences a
defendant for any violation of chapter 14 or 35.1 of this title or for an offense for
which there was a finding of sexual motivation pursuant to section 13-118 may require the
person who committed the offense to register pursuant to this section.

D. The court may require a person who has been adjudicated delinquent for an act
that would constitute an offense specified in subsection A or C of this section to
register pursuant to this section. Any duty to register under this subsection shall
terminate when the person reaches twenty-five years of age.

E. A person who has been convicted, adjudicated guilty except insane or adjudicated
delinquent and who is required to register in the convicting or adjudicating state for an
act that would constitute an offense specified in subsection A or C of this section and
who is not a resident of this state shall be required to register pursuant to this
section if the person is either:

1. Employed full-time or part-time in this state, with or without compensation, for
more than fourteen consecutive days or for an aggregate period of more than thirty days
in a calendar year.

2. Enrolled as a full-time or part-time student in any school in this state for
more than fourteen consecutive days or for an aggregate period of more than thirty days
in a calendar year. For the purposes of this paragraph, "school" means an educational
institution of any description, public or private, wherever located in this state.

F. Any duty to register under subsection D or E of this section for a juvenile
adjudication terminates when the person reaches twenty-five years of age.

G. The court may order the termination of any duty to register under this section
on successful completion of probation if the person was under eighteen years of age when
the offense for which the person was convicted or adjudicated guilty except insane was
committed.

H. The court may order the suspension or termination of any duty to register under
this section after a hearing held pursuant to section 13-923.

I. At the time of registering, the person shall sign or affix an electronic
fingerprint to a statement giving such information as required by the director of the
department of public safety, including all names by which the person is known, any
required online identifier and the name of any website or internet communication service
where the identifier is being used. The sheriff shall fingerprint and photograph the
person and within three days thereafter shall send copies of the statement, fingerprints
and photographs to the department of public safety and the chief of police, if any, of
the place where the person resides. The information that is required by this subsection
shall include the physical location of the person's residence and the person's
address. If the person has a place of residence that is different from the person's
address, the person shall provide the person's address, the physical location of the
person's residence and the name of the owner of the residence if the residence is
privately owned and not offered for rent or lease. If the person receives mail at a post
office box, the person shall provide the location and number of the post office box. If
the person does not have an address or a permanent place of residence, the person shall
provide a description and physical location of any temporary residence and shall register
as a transient not less than every ninety days with the sheriff in whose jurisdiction the
transient is physically present.

J. On the person's initial registration and every year after the person's initial
registration, the person shall confirm any required online identifier and the name of any
website or internet communication service where the identifier is being used and the
person shall obtain a new nonoperating identification license or a driver license from
the motor vehicle division in the department of transportation and shall carry a valid
nonoperating identification license or a driver license. Notwithstanding sections 28-3165
and 28-3171, the license is valid for one year from the date of issuance, and the person
shall submit to the department of transportation proof of the person's address and place
of residence. The motor vehicle division shall annually update the person's address and
photograph and shall make a copy of the photograph available to the department of public
safety or to any law enforcement agency. The motor vehicle division shall provide to the
department of public safety daily address updates for persons required to register
pursuant to this section.

K. Except as provided in subsection E or L of this section, the clerk of the
superior court in the county in which a person has been convicted of or adjudicated
guilty except insane for a violation of any offense listed under subsection A of this
section or has been ordered to register pursuant to subsection C or D of this section
shall notify the sheriff in that county of the conviction or adjudication within ten days
after entry of the judgment.

L. Within ten days after entry of judgment, a court not of record shall notify the
arresting law enforcement agency of an offender's conviction of or adjudication of guilty
except insane for a violation of section 13-1402. Within ten days after receiving this
information, the law enforcement agency shall determine if the offender is required to
register pursuant to this section. If the law enforcement agency determines that the
offender is required to register, the law enforcement agency shall provide the
information required by section 13-3825 to the department of public safety and shall make
community notification as required by law.

M. A person who is required to register pursuant to this section because of a
conviction or adjudication of guilty except insane for the unlawful imprisonment of a
minor or the kidnapping of a minor is required to register, absent additional or
subsequent convictions or adjudications, for a period of ten years from the date that the
person is released from prison, jail, probation, community supervision or parole and the
person has fulfilled all restitution obligations. Notwithstanding this subsection, a
person who has a prior conviction or adjudication of guilty except insane for an
offense for which registration is required pursuant to this section is required to
register for life.

N. A person who is required to register pursuant to this section and who is a
student at a public or private institution of postsecondary education or who is employed,
with or without compensation, at a public or private institution of postsecondary
education or who carries on a vocation at a public or private institution of
postsecondary education shall notify the county sheriff having jurisdiction of the
institution of postsecondary education. The person who is required to register pursuant
to this section shall also notify the sheriff of each change in enrollment or employment
status at the institution.

O. At the time of registering, the sheriff shall secure a sufficient sample of
blood or other bodily substances for deoxyribonucleic acid testing and extraction from a
person who has been convicted of or adjudicated guilty except insane for an offense
committed in another jurisdiction that if committed in this state would be a violation or
attempted violation of any of the offenses listed in subsection A of this section or an
offense that was in effect before September 1, 1978 and that, if committed on or after
September 1, 1978, has the same elements of an offense listed in subsection A of this
section or who is required to register by the convicting or adjudicating
jurisdiction. The sheriff shall transmit the sample to the department of public
safety.

P. Any person who is required to register under subsection A of this section shall
register the person's required online identifier and the name of any website or internet
communication service where the identifier is being used or is intended to be used with
the sheriff from and after December 31, 2007, regardless of whether the person was
required to register an identifier at the time of the person's initial registration under
this section.

Q. On conviction of or adjudication of guilty except insane for any offense for
which a person is required to register pursuant to this section, in addition to any other
penalty prescribed by law, the court shall order the person to pay an additional
assessment of two hundred fifty dollars. This assessment is not subject to any surcharge.
The court shall transmit the monies received pursuant to this section to the county
treasurer. The county treasurer shall transmit the monies received to the state
treasurer. The state treasurer shall deposit the monies received in the state general
fund. Notwithstanding any other law, the court shall not waive the assessment imposed
pursuant to this section.

R. For the purposes of this section:

1. "Address" means the location at which the person receives mail.

2. "Required online identifier" means any electronic e-mail address information or
instant message, chat, social networking or other similar internet communication name,
but does not include a social security number, date of birth or pin number.

3. "Residence" means the person's dwelling place, whether permanent or temporary.