Utah Code § 77-41-102

Current through the 2024 Fourth Special Session

Section 77-41-102 - Definitions

As used in this chapter:

(1) "Child abuse offender" means an individual:

(a) who has been convicted in this state of a violation of:

(i) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b); or

(ii) attempting, soliciting, or conspiring to commit aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);

(b)

(i) who has been convicted of a crime, or an attempt, solicitation, or conspiracy to commit a crime in another jurisdiction, including a state, federal, or military court, that is substantially equivalent to the offense listed in Subsection (1)(a); and

(ii)

(A) who is a Utah resident; or

(B) who is not a Utah resident but is in this state for a total of 10 days in a 12-month period, regardless of whether the offender intends to permanently reside in this state;

(c)

(i)

(A) who is required to register as a child abuse offender in another jurisdiction of original conviction;

(B) who is required to register as a child abuse offender by a state, a federal, or a military court; or

(C) who would be required to register as a child abuse offender if residing in the jurisdiction of the conviction regardless of the date of the conviction or a previous registration requirement; and

(ii) who is in this state for a total of 10 days in a 12-month period, regardless of whether the offender intends to permanently reside in this state;

(d)

(i)

(A) who is a nonresident regularly employed or working in this state; or

(B) who is a student in this state; and

(ii)

(A) who was convicted of the offense listed in Subsection (1)(a) or a substantially equivalent offense in another jurisdiction; or

(B) who is required to register in the individual's state of residence based on a conviction for an offense that is not substantially equivalent to an offense listed in Subsection (1)(a);

(e) who is found not guilty by reason of insanity in this state or in another jurisdiction of the offense listed in Subsection (1)(a); or

(f)

(i) who is adjudicated under Section 80-6-701 for the offense listed in Subsection (1)(a); and

(ii) who has been committed to the division for secure care, as defined in Section 80-1-102, for that offense if:

(A) the individual remains in the division's custody until 30 days before the individual's 21st birthday;

(B) the juvenile court extended the juvenile court's jurisdiction over the individual under Section 80-6-605 and the individual remains in the division's custody until 30 days before the individual's 25th birthday; or

(C) the individual is moved from the division's custody to the custody of the department before expiration of the division's jurisdiction over the individual.

(2) "Bureau" means the Bureau of Criminal Identification of the Department of Public Safety established in section 53-10-201.

(3) "Business day" means a day on which state offices are open for regular business.

(4) "Certificate of eligibility" means a document issued by the Bureau of Criminal Identification showing that the offender has met the requirements of Section 77-41-112.

(5)

(a) "Convicted" means a plea or conviction of:

(i) guilty;

(ii) guilty with a mental illness; or

(iii) no contest.

(b) "Convicted" includes, unless otherwise specified, the period a plea is held in abeyance pursuant to a plea in abeyance agreement as defined in Section 77-2a-1.

(c) "Convicted" does not include:

(i) a withdrawn or dismissed plea in abeyance;

(ii) a diversion agreement; or

(iii) an adjudication of a minor for an offense under Section 80-6-701.

(6) "Department" means the Department of Public Safety.

(7) "Division" means the Division of Juvenile Justice and Youth Services.

(8) "Employed" or "carries on a vocation" includes employment that is full time or part time, whether financially compensated, volunteered, or for the purpose of government or educational benefit.

(9) "Indian Country" means:

(a) all land within the limits of any Indian reservation under the jurisdiction of the United States government, regardless of the issuance of any patent, and includes rights-of-way running through the reservation;

(b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory, and whether or not within the limits of a state; and

(c) all Indian allotments, including the Indian allotments to which the Indian titles have not been extinguished, including rights-of-way running through the allotments.

(10) "Jurisdiction" means any state, Indian Country, United States Territory, or property under the jurisdiction of the United States military, Canada, the United Kingdom, Australia, or New Zealand.

(11) "Kidnap offender" means an individual, other than a natural parent of the victim:

(a) who has been convicted in this state of a violation of:

(i) kidnapping under Subsection 76-5-301(2)(c) or (d);

(ii) child kidnapping under Section 76-5-301.1;

(iii) aggravated kidnapping under Section 76-5-302;

(iv) human trafficking for labor under Section 76-5-308;

(v) human smuggling under Section 76-5-308.3;

(vi) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a);

(vii) aggravated human trafficking under Section 76-5-310;

(viii) aggravated human smuggling under Section 76-5-310.1;

(ix) human trafficking of a vulnerable adult for labor under Section 76-5-311; or

(x) attempting, soliciting, or conspiring to commit a felony offense listed in Subsections (11)(a)(i) through (ix);

(b)

(ii)

(A) who isa Utah resident; or

(B) who is not a Utah resident but is in this state for a total of 10 days in a 12-month period, regardless of whether the offender intends to permanently reside in this state;

(c)

(i)

(A) who is required to register as a kidnap offender in another jurisdiction of original conviction;

(B) who is required to register as a kidnap offender by a state, federal, or military court; or

(C) who would be required to register as a kidnap offender if residing in the jurisdiction of the conviction regardless of the date of the conviction or a previous registration requirement; and

(ii) who is in this state for a total of 10 days in a 12-month period, regardless of whether the offender intends to permanently reside in this state;

(d)

(i)

(A) who is a nonresident regularly employed or working in this state; or

(B) who is a student in this state; and

(ii)

(A) who was convicted of one or more offenses listed in Subsection (11)(a) or any substantially equivalent offense in another jurisdiction; or

(B) who is required to register in the individual's state of residence based on a conviction for an offense that is not substantially equivalent to an offense listed in Subsection (11)(a);

(e) who is found not guilty by reason of insanity in this state or in any other jurisdiction of one or more offenses listed in Subsection (11)(a); or

(f)

(i) who is adjudicated under Section 80-6-701 for one or more offenses listed in Subsection (11)(a); and

(ii) who has been committed to the division for secure care, as defined in Section 80-1-102, for that offense if:

(A) the individual remains in the division's custody until 30 days before the individual's 21st birthday;

(C) the individual is moved from the division's custody to the custody of the department before expiration of the division's jurisdiction over the individual.

(12) "Natural parent" means a minor's biological or adoptive parent, including the minor's noncustodial parent.

(13) "Offender" means a child abuse offender, kidnap offender, or sex offender.

(14) "Online identifier" or "Internet identifier":

(a) means any electronic mail, chat, instant messenger, social networking, or similar name used for Internet communication; and

(b) does not include date of birth, social security number, PIN number, or Internet passwords.

(15) "Primary residence" means the location where the offender regularly resides, even if the offender intends to move to another location or return to another location at a future date.

(16) "Register" means to comply with the requirements of this chapter and administrative rules of the department made under this chapter.

(17) "Registration website" means the Sex, Kidnap, and Child Abuse Offender Notification and Registration website described in Section 77-41-110 and the information on the website.

(18) "Secondary residence" means real property that the offender owns or has a financial interest in, or a location where the offender stays overnight a total of 10 or more nights in a 12-month period when not staying at the offender's primary residence.

(19) "Sex offender" means an individual:

(a) convicted in this state of:

(i) a felony or class A misdemeanor violation of enticing a minor under Section 76-4-401;

(ii) sexual exploitation of a vulnerable adult under Section 76-5b-202;

(iii) human trafficking for sexual exploitation under Section 76-5-308.1;

(iv) human trafficking of a child for sexual exploitation under Subsection 76-5-308.5(4)(b);

(v) aggravated human trafficking for sexual exploitation under Section 76-5-310;

(vi) human trafficking of a vulnerable adult for sexual exploitation under Section 76-5-311;

(vii) unlawful sexual activity with a minor under Section 76-5-401, except as provided in Subsection 76-5-401(3)(b) or (c);

(viii) sexual abuse of a minor under Section 76-5-401.1, except as provided in Subsection 76-5-401.1(3);

(ix) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2;

(x) rape under Section 76-5-402;

(xi) rape of a child under Section 76-5-402.1;

(xii) object rape under Section 76-5-402.2;

(xiii) object rape of a child under Section 76-5-402.3;

(xiv) a felony violation of forcible sodomy under Section 76-5-403;

(xv) sodomy on a child under Section 76-5-403.1;

(xvi) forcible sexual abuse under Section 76-5-404;

(xvii) sexual abuse of a child under Section 76-5-404.1;

(xviii) aggravated sexual abuse of a child under Section 76-5-404.3;

(xix) aggravated sexual assault under Section 76-5-405;

(xx) custodial sexual relations under Section 76-5-412, when the individual in custody is younger than 18 years old, if the offense is committed on or after May 10, 2011;

(xxi) sexual exploitation of a minor under Section 76-5b-201;

(xxii) aggravated sexual exploitation of a minor under Section 76-5b-201.1;

(xxiii) sexual extortion or aggravated sexual extortion under Section 76-5b-204;

(xxiv) incest under Section 76-7-102;

(xxv) lewdness under Section 76-9-702, if the individual has been convicted of the offense four or more times;

(xxvi) sexual battery under Section 76-9-702.1, if the individual has been convicted of the offense four or more times;

(xxvii) any combination of convictions of lewdness under Section 76-9-702, and of sexual battery under Section 76-9-702.1, that total four or more convictions;

(xxviii) lewdness involving a child under Section 76-9-702.5;

(xxix) a felony or class A misdemeanor violation of voyeurism under Section 76-9-702.7;

(xxx) aggravated exploitation of prostitution under Section 76-10-1306; or

(xxxi) attempting, soliciting, or conspiring to commit a felony offense listed in this Subsection (19)(a);

(b)

(ii)

(A) who isa Utah resident; or

(B) who is not a Utah resident but is in this state for a total of 10 days in a 12-month period, regardless of whether the offender intends to permanently reside in this state;

(c)

(i)

(A) who is required to register as a sex offender in another jurisdiction of original conviction;

(B) who is required to register as a sex offender by a state, federal, or military court; or

(C) who would be required to register as a sex offender if residing in the jurisdiction of the original conviction regardless of the date of the conviction or a previous registration requirement; and

(ii) who is in this state for a total of 10 days in a 12-month period, regardless of whether the offender intends to permanently reside in this state;

(d)

(i)

(A) who is a nonresident regularly employed or working in this state; or

(B) who is a student in this state; and

(ii)

(A) who was convicted of one or more offenses listed in Subsection (19)(a) or a substantially equivalent offense in another jurisdiction; or

(B) who is required to register in the individual's jurisdiction of residence based on a conviction for an offense that is not substantially equivalent to an offense listed in Subsection (19)(a);

(e) who is found not guilty by reason of insanity in this state, or in another jurisdiction of one or more offenses listed in Subsection (19)(a); or

(f)

(i) who is adjudicated under Section 80-6-701 for one or more offenses listed in Subsection (19)(a); and

(ii) who has been committed to the division for secure care, as defined in Section 80-1-102, for that offense if:

(A) the individual remains in the division's custody until 30 days before the individual's 21st birthday;

(C) the individual is moved from the division's custody to the custody of the department before expiration of the division's jurisdiction over the individual.

(20) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.

(21) "Vehicle" means a motor vehicle, an aircraft, or a watercraft subject to registration in any jurisdiction.

Utah Code § 77-41-102

Amended by Chapter 240, 2024 General Session ,§ 95, eff. 7/1/2024.

Amended by Chapter 240, 2024 General Session ,§ 96, eff. 7/1/2024.

Amended by Chapter 234, 2024 General Session ,§ 29, eff. 7/1/2024.

Amended by Chapter 128, 2023 General Session ,§ 1, eff. 7/1/2024.

Amended by Chapter 123, 2023 General Session ,§ 7, eff. 5/3/2023.

Amended by Chapter 185, 2022 General Session ,§ 18, eff. 5/4/2022.

Amended by Chapter 430, 2022 General Session ,§ 54, eff. 5/4/2022.

Amended by Chapter 2, 2021SP1 General Session ,§ 17, eff. 5/28/2021.

Amended by Chapter 2, 2021SP1 General Session ,§ 2, eff. 5/28/2021.

Amended by Chapter 108, 2020 General Session ,§ 15, eff. 5/12/2020.

Amended by Chapter 364, 2019 General Session ,§ 2, eff. 5/14/2019.

Amended by Chapter 136, 2019 General Session ,§ 132, eff. 5/14/2019.

Amended by Chapter 434, 2017 General Session ,§ 2, eff. 5/9/2017.

Amended by Chapter 372, 2016 General Session ,§ 3, eff. 5/10/2016.

Amended by Chapter 210, 2015 General Session ,§ 6, eff. 5/12/2015.

Added by Chapter 145, 2012 General Session ,§ 17, eff. 5/8/2012.