A historical look at legislative laws passed in Utah since the inception of the sex offense registry in 1983. The list of offenses that require registration has never decreased in scope–it has only increased, as new offenses were created and existing offenses were included in the crimes that trigger a registration obligation. Today, the State of Utah has 42 enumerated 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.
Sexual Crimes Amendments, increases the penalty for someone involved in the production and distribution of child sexual abuse material from a second-degree felony, to a first-degree penalty.
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
Lewdness Involving a Child Amendments, expands the definition of lewdness to include additional acts, such as simulating masturbation or intercourse, displaying genitals, and engaging in erotic touching, when done in the presence of a child under 14 years old with the intent to cause affront or alarm or to arouse or gratify the sexual desire of the actor or the child.
Unlawful Kissing of a Child or Minor, creates an offense called “unlawful kissing of a minor,” punishable by a class A misdemeanor or in some cases, a 3rd degree felony.
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.
Sexual Abuse Material Amendments, the 2023 bill aimed to amend provisions related to sexual abuse materials but did not advance past the House Judiciary Committee and failed to pass. It was heard and favorably reported by the House Judiciary Committee on February 28, 2023. After passing the House Committee, it moved to the House 3rd Reading Calendar for Senate bills, but it failed to advance. Instead this bill saw legislative action in the 2024 session as the Utah Constitutional Sovereignty Act.
Sex and Kidnap Offender Registry Amendments, this bill removes a felony conviction for enticing a minor from the list of crimes that require an offender to register on the Sex and Kidnap Offender Registry for the offender's lifetime.
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.
SB 52 Sex Offender Registry Amendment, this bill would have potentially allowed registered sex offenders to go to places like schools and parks, if they are with an adult. The bill would also have replaced the term “sex offender” with registrant.Below are the links to the bills under this section.
Sex Offender Registry Amendments, this bill focused on reforming sex offender registry requirements, including allowing the Board of Pardons and Parole to remove individuals from the registry under certain conditions and amending the process for offenders to petition for removal after 20 years.
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 a person on the Sex Offender and Kidnap Offender Registry to petition the court for removal after five years for unlawful sexual conduct with a 16 or 17 year old; or unlawful sexual activity with a minor. 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.
Legislative History
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.
January 15 - February 28
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). (Law Enforcement and Criminal Justice Interim Committee) Amends 77-27-21.5 Effective April 30, 2001 2001 Utah Laws 17
Penalties for soliciting minors, This act creates the offense and penalty regarding enticing a minor over the Internet for sexual activity. Amends 77-27-21.5; Enacts 76-4-401 Effective April 30, 2001 2001 Utah Laws 353.
Sex Offender Registry, This act creates a website for public access to the registry on the internet. Amends 77-27-21.5 Effective April 30, 2001 2001 Utah Laws 298
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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