A historical look at legislative laws passed in Utah since the inception of the sex offense registry in 1983. The list of “sex crimes” that require registration has never decreased in scope–it has only increased, as new sex crimes were created and existing crimes were included in the crimes that trigger a registration obligation. Today, the State of Utah has 42 separate sex crimes, including (for adults) both misdemeanors and felonies, that are registrable offenses.
January 21, 2025 to March 7, 2025
Youth Service Organizations Amendments, all Utah organizations that provide services to children under 18 must check the names of their staffers or volunteers against two databases of registered sex offenders.
Sexual Offense Revisions, proposes changes to sentencing regulations for repeat sexual offenders, broadens the definition of child exploitation to encompass situations where an offender accesses child sexual abuse material with the intent to view it, and eliminates the option of a lesser sentence for sexual offenders who engaged with minors ages 14 to 18.
Criminal Justice Revisions, Improves data tracking across the criminal justice system. The bill includes sex offender risk assessment collection and reporting requirements proposed by the Sentencing Commission’s Sex Offense Management Advisory Committee (SOMAC) to track static and dynamic risk scores of individuals on the sex offense registry.
Criminal Sexual Conduct Amendments, makes it a crime for an adult to engage in sexual activity with a child under 14 using virtual reality. It also extends protection to minors, ages 14 to 17, when the predator is 10 or more years older. The other thing that it does is it stops people in positions of power from coercing explicit materials from those in custody.
Department of Public Safety Fee Amendments, increases the yearly sex offense registration fee from $100 to $125 per year.
Sex, Kidnap, and Child Abuse Offender Adjustments, would have reduced the amount of time that a person on the sex, kidnap, and child abuse offender register requiring a lifetime registration to be able to petition for early removal and file an additional petition for removal if previously denied.
January 16, 2024 to March 1, 2024
State Boards and Commissions Modifications, the Sex Offense Management Board (SOMB) was repealed in state statute. Board renamed the “Sex Offense Management Advisory Committee” (SOMAC).
Offender Registry Amendments, merges the Sex and Kidnap Offender Registry and the Child Abuse Offender Registry into a single registry called the "Sex, Kidnap, and Child Abuse Offender Registry," changes the length of time an offender must register on the Sex, Kidnap, and Child Abuse Offender Registry when convicted of the crime of enticing a minor.
January 17, 2023 to March 3, 2023
Sex Offender Restricted Area Amendments, Enhances the penalty for going into schools, parks, and swimming pools from a class A misdemeanor to a third-degree felony if the offender has a previous conviction for that same offense.
Sex Offender Restricted Area Amendments, Restricts an offender on the Sex and Kidnap Offender Registry from entering a homeowners' association, condominium project, or apartment complex swimming pool, park, or playground.
Sex Offense Amendments, Creates the Sex Offense Management Board; describes the duties of the Sex Offense Management Board; clarifies the process the Department of Corrections follows to establish standards for sex offender treatment
Employment Screening Requirements, Ban the Box prohibits certain public employers and contractors from considering certain arrests or criminal convictions or denying employment based on certain criminal convictions.
Online Pornography Viewing Age Requirements, requires pornography websites to verify that users in Utah are at least 18 years old under, passed unanimously by the 2023 Legislature and signed into law by Gov. Spencer Cox.
January 18, 2022 to March 4, 2022
Sexual Exploitation Amendments, Adds "aggravated sexual exploitation of a minor" to list of lifetime offenses. Amends § 77-41- 102, 77-41-106 and directs the state’s sentencing commission to study penalties associated with child exploitation and make recommendations for additional action.
Sex Offender Restrictions Amendments, Prohibits an offender from serving as a coach, manager, or trainer of a minor. Amends § 77-27- 21.7.
Health Education Amendments, would have required the inclusion of consent as part of the state's public curriculum. It was aimed to mandate that schools teach students about consent, including understanding that no has the right to sexual contact without the other person's consent.
Amendments to Criminal Provisions, Reduces penalty for not registering from not less than 90 days of incarceration to not less than 30 days of incarceration. Amends § 77-41-107.
Sex Offender Registry Amendments, Reduces the offense level for an individual who is under 21 years old and who commits the crime of unlawful sexual activity with a minor. Provides that an individual who is under 21 years old and who commits the crime of unlawful sexual activity with a minor does not have to register as a sex offender. Amends §§ 76-5-104, 77-41-102.
Offender Registry Amendments, Provides that an offender is permitted to change their name if the name change is not contrary to the interests of the public, and if they provide a 30-day notice. Requires the UDC to publish the offender's changed name and previous name. Allows an offender to petition the court for removal as early as 10 years after sentencing if they meet certain conditions. Amends §§ 77-41-104, 77-41-105, 77-41-112.
Offender Registry Review, Allows lifetime offenders to petition the court for removal 20 years after sentencing if they meet certain conditions. Requires the UDC to remove an offender from the registry if their conviction was pardoned.
U.S.D.C. (D. Utah), Case No. 1:08-cv-00064-TC (2008 WL 4427594). Was a United States Court of Appeals for the Tenth Circuit case assessing the constitutionality of Utah Code Ann. § 77-27-21.5, a law that requires sex offenders to register their internet identifiers with the state in order to "assist in investigating kidnapping and sex-related crimes, and in apprehending offenders.
Defendant and Appellant. No. 20060671. Supreme Court of Utah. Was a constitutional challenge to Utah's sex offender registry statute failure to register and the sufficiency of the evidence supporting his conviction. Briggs argued that the statute violates the non-delegation doctrine of the Utah Constitution because it delegates legislative power to the Department of Corrections("DOC"), an executive agency.
Executive Director, Utah Department of Corrections, Defendant Appellant/Cross-Appellee. Nos. 99-4082, 99-4093 UNITED STATES COURT OF APPEALS TENTH CIRCUIT. Upheld constitutional challenges against the Utah sex offender's notification scheme related to ex post facto and double jeopardy claims. These challenges focused on convicted sex offenders who committed their crimes prior to the effective date of the enabling registration.
Sex Offender Notification and Registration, Required offenders to list all vehicles used, provide DNA samples, fingerprints, all telephone numbers, secondary and temporary addresses, a copy of their passport, any licenses, and their SSN. The registry website displayed professional licenses, educational institution attending, place of employment, and any place where they volunteer. Reduced the time in which offenders had to notify the state of a change of address from 5 days to 3 business days.
Sex Offender Restrictions, created "protected areas" defined as 1) a licensed day care or preschool facility, 2) a swimming pool that is open to the public, 3) a public or private elementary or secondary school, 4) a community park open to the public, or 5) a playground or place "intended to allow children to engage in physical activity and restricted sex offenders' ability to be on foot or in a vehicle near these areas.
Sex Offender Lifetime Reporting Amendments, established the creation of a two-tier system with the addition of lifetime registration for certain offenses. This bill, as amended, requires lifetime registration for certain sex offenses, while others require registration for a specified period (e.g., 10 years).
Sex Offender Registry, Registry became available on the internet.
Increased from 5-year to 10-year registration requirement for all sex offenders. Public access began in 1996.
This bill appropriated, from the General Fund for fiscal year 1996-97, $410,000 to the Department of Corrections for sex offender treatment. The bill required UDC to provide data to CCJJ to show the criteria for determining sex offender treatability, the implementation and effectiveness of sex offender treatment, and the results of ongoing assessments and objective diagnostic testing.
Established 5-year registration requirement for all sex offenders.
Established Utah’s first sex offender registration law May 10, it was enacted specifically to aid law enforcement to track the location of former sex offenders for investigative purposes. The registry included all persons who committed a crime listed in Utah Code 76.5.4. The information listed in the registry was private and not available to the public. The registry started off with 10 listed offenses.
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