Adjustments to the Registry

As of 2025, the Utah Sex Offender registry is now 42 years old, 29 years has passed since the registry was made available to the public. During this time, the rules and regulations surrounding the Utah sex offense registry have gradually increased from 10 to 42 registrable offense with ~9,100 individuals on the registry, ~7,800 of which are in the community (citation here) with regulations in place constraining them from being a part of society in any meaningful way. Several sections of Chapter 29 diminish the liberties of those on the registry from reintegrating back into the community after their sentencing and rehabilitation.

In one grand stroke, the 2007 Utah legislature added several restrictions which an offender is prohibited from being in the vicinity of. Because of the irrational fears and misinformation people have about sex offenders, public parks were included in this restriction. UTRSOL believes that this addition is unconstitutional. In 2017, an Illinois Court Struck down a Sex Offender Park Ban, the appeals court ruled that a state law making it a crime for convicted sex offenders to set foot in public parks is unconstitutional because it can punish innocent conduct. Subsequently the Supreme Court of Illinois moved to uphold the statutory ban on sex offenders in public parks. While some courts have upheld such bans, others have struck them down, often citing concerns about due process, equal protection, and the overbreadth of the restrictions. UTRSOL wishes to either amend or strike "community parks opened to the public or a park maintained, operated, or owned by an HOA or condominium project," from 53-29-306. Subsection (1)(d). HOA's were added during the 2023 legislative session under H.B. 146 simply because of one instance of failure to register and one news article that argued against this as a "gaping hole." 

 With the growing population of people being apprehended and prosecuted for possession of child sexual exploitation material (CSEM), an alternative name for child pornography, and the Utah legal code 53-29-203. Subsection (b)(x) sexual exploitation of a minor, UTRSOL seeks to adjust the lifetime requirement that SB 155 had attempted to legislate for. Using risk-based assessments and a tiered system for low and medium levels, if the case was non-contact, we believe that the individual has the right to rehabilitate and reintegrate back into the community. 

Similarly for 53-39-203. Subsection (b)(xiv) enticement of a minor via social media apps where an undercover law enforcement agent posses as a minor to charge an individual under this code. While there is no specific US law outright banning police social media stings, such operations are constrained by existing legal frameworks (like the Fourth Amendment) and can be challenged based on issues like entrapment, violations of platform terms of service, and infringement of constitutional rights like free speech and association. The use of social media for law enforcement purposes is subject to a number of legal and constitutional considerations. 

UTRSOL seeks to pursue implementation of a three tiered risk-based system, low, medium, and high levels with 5, 10, and 20 year time requirements on the sex offense registry. Currently, Utah is under a two tiered 10 year and lifetime registry system. Moving towards a three tiered system would not only check off an additional requirement for SORNA compliance, but it would allow the broad severity of the current system to equalize under the appropriate risk level. 

Finally, if Utah can move towards a three tiered system, UTRSOL seeks to amend 53-29-404. Subsection (1) to remove low and medium risk individuals from public view on the registry such that only high risk offenders are available to the public via the internet website. Current Utah code  53-29-404. Subsection (6)(a) already does this if the offender was under 18 years old at the time of committing a registrable offense and is required to register on the registry, where the department maintains, but does not publish, the offender's information on the registration website. We question the broad based public registry's effectiveness with research suggesting they it doe not significantly reduce reoffending or prevent sex crimes. While registries aim to deter offenders and protect communities, some studies indicate they may have unintended negative consequences for the community and individuals on the registry. The widely held belief that most sex offenders will assault again leads people to think they can stay safe if they know who's committed a sex crime and monitor them relentlessly; that registries are prevention tools. Research has consistently found the opposite to be true. Below are the links to the bills under this section.