Utah Code § 77-41-110

Current through the 2024 Fourth Special Session
Section 77-41-110 - Sex offender, kidnap offender, and child abuse offender registry - Department to maintain
(1) The department shall maintain a Sex, Kidnap, and Child Abuse Offender Notification and Registration website on the Internet, which shall contain a disclaimer informing the public:
(a) the information contained on the site is obtained from offenders and the department does not guarantee its accuracy or completeness;
(b) members of the public are not allowed to use the information to harass or threaten offenders or members of their families; and
(c) harassment, stalking, or threats against offenders or their families are prohibited and doing so may violate Utah criminal laws.
(2) The Sex, Kidnap, and Child Abuse Offender Notification and Registration website shall be indexed by both the surname of the offender and by postal codes.
(3) The department shall construct the Sex, Kidnap, and Child Abuse Offender Notification and Registration website so that users, before accessing registry information, must indicate that they have read the disclaimer, understand it, and agree to comply with its terms.
(4) Except as provided in Subsection (7), the Sex, Kidnap, and Child Abuse Offender Notification and Registration website shall include the following registry information:
(a) all names and aliases by which the offender is or has been known, but not including any online or Internet identifiers;
(b) the addresses of the offender's primary, secondary, and temporary residences;
(c) a physical description, including the offender's date of birth, height, weight, and eye and hair color;
(d) the make, model, color, year, and plate number of any vehicle or vehicles the offender owns or regularly drives;
(e) a current photograph of the offender;
(f) a list of all professional licenses that authorize the offender to engage in an occupation or carry out a trade or business;
(g) each educational institution in Utah at which the offender is employed, carries on a vocation, or is a student;
(h) a list of places where the offender works as a volunteer; and
(i) the crimes listed in Subsections 77-41-102(1), (11), or (19) that the offender has been convicted of or for which the offender has been adjudicated delinquent in juvenile court.
(5)
(a) The department shall enable the public to search the Sex, Kidnap, and Child Abuse Offender Notification and Registration website to determine if the following search criteria are linked to an offender:
(i) telephone numbers or other designations for an offender provided under Subsection 77-41-105(7)(h);
(ii) Internet identifiers or other addresses for an offender provided under Subsection 77-41-105(7)(i); and
(iii) names and Internet addresses of websites on which an offender is registered using an online identifier, including the online identifier used to access the website.
(b) The department shall ensure that a search performed using the criteria in Subsection (5)(a):
(i) provides the individual requesting the search with only information regarding whether the criteria are linked to an offender; and
(ii) does not return the name or any other identifying information about an offender.
(c) The department is not required to:
(i) report the results of the search under Subsection (5)(a) to a law enforcement agency; or
(ii) based on the results of a search under Subsection (5)(a), open an investigation.
(6) The department, the department's personnel, and any individual or entity acting at the request or upon the direction of the department are immune from civil liability for damages for good faith compliance with this chapter and will be presumed to have acted in good faith by reporting information.
(7) The department shall redact information that, if disclosed, could reasonably identify a victim.

Utah Code § 77-41-110

Amended by Chapter 234, 2024 General Session ,§ 35, eff. 7/1/2024.
Amended by Chapter 231, 2024 General Session ,§ 1, eff. 5/1/2024.
Amended by Chapter 123, 2023 General Session ,§ 13, eff. 5/3/2023.
Added by Chapter 145, 2012 General Session ,§ 25, eff. 5/8/2012.