§846E-9 - Failure to comply with covered offender registration requirements.
§846E-9 Failure to comply with covered
offender registration requirements. (a) A person commits the offense of
failure to comply with covered offender registration requirements if the person
is required to register under this chapter and the person intentionally,
knowingly, or recklessly:
(1) Fails to register with the attorney general by
providing to the attorney general or the Hawaii criminal justice data center
the person's registration information;
(2) Fails to report in person every five years until
June 30, 2009, and beginning on July 1, 2009, once every year, during the
thirty-day period following the offender's date of birth, to the chief of
police where the covered offender's residence is located, or to such other
department or agency designated by the attorney general;
(3) While reporting to the chief of police or such
other department or agency designated by the attorney general, fails to correct
information in the registry within the offender's knowledge that has changed or
is inaccurate regarding information required by section 846E-2(d)(1) through
(12);
(4) While reporting to the chief of police or such
other department or agency designated by the attorney general, fails to provide
new information that may be required by section 846E-2(d)(1) through (12);
(5) While reporting to the chief of police or such
other department or agency designated by the attorney general, does not allow
the police or other designated department or agency to take a current
photograph of the person;
(6) Fails to register in person with the chief of
police having jurisdiction of the area where the covered offender resides or is
present within three working days whenever the provisions of section 846E-2(g)
require the person to do so;
(7) Fails to notify the attorney general or the
Hawaii criminal justice data center of a change of any of the covered
offender's registration information in writing within three working days of the
change;
(8) Provides false registration information to the
attorney general, the Hawaii criminal justice data center, or a chief of
police;
(9) Signs a statement verifying that all of the
registration information is accurate and current when any of the registration
information is not substantially accurate and current;
(10) Having failed to establish a new residence within
the ten days while absent from the person's registered residence for ten or
more days:
(A) Fails to notify the attorney general in
writing within three working days that the person no longer resides at the
person's registered residence; or
(B) Fails to report to a police station in the
State by the last day of every month; or
(11) Fails
to mail or deliver the periodic verification of registration information form
to the attorney general within ten days of receipt, as required by section
846E-5; provided that it shall be an affirmative defense that the periodic
verification form mailed to the covered offender was delivered when the covered
offender was absent from the registered address and the covered offender had previously
notified the Hawaii criminal justice data center that the covered offender
would be absent during the period that the periodic verification form was
delivered.
(b) Failure to comply with covered offender
registration requirements is a class C felony. [L 1997, c 316, pt of §2; am L
2004, c 59, §5; am L 2005, c 45, §10; am L 2006, c 106, §5; am L 2008, c 80, §8]