(1) The department shall automatically remove an individual who is currently on the Sex, Kidnap, and Child Abuse Offender Registry because of a conviction if:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
class C misdemeanorup to 90 daysup to $750
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 77-41-113

  • Child abuse offender: means an individual:
         (1)(a) who has been convicted in this state of a violation of:
              (1)(a)(i) aggravated child abuse under Subsection Utah Code 77-41-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the Department of Public Safety. See Utah Code 77-41-102
  • Kidnap offender: means an individual, other than a natural parent of the victim:
         (11)(a) who has been convicted in this state of a violation of:
              (11)(a)(i) kidnapping under Subsection 76-5-301(2)(c) or (d);
              (11)(a)(ii) child kidnapping under Section Utah Code 77-41-102
  • Natural parent: means a minor's biological or adoptive parent, including the minor's noncustodial parent. See Utah Code 77-41-102
  • Offender: means a child abuse offender, kidnap offender, or sex offender. See Utah Code 77-41-102
  • Register: means to comply with the requirements of this chapter and administrative rules of the department made under this chapter. See Utah Code 77-41-102
  • Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
         (34)(a) sex and reproductive organ anatomy;
         (34)(b) chromosomal makeup; and
         (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
  • Sex offender: means an individual:
         (19)(a) convicted in this state of:
              (19)(a)(i) a felony or class A misdemeanor violation of enticing a minor under Section 76-4-401;
              (19)(a)(ii) sexual exploitation of a vulnerable adult under Section 76-5b-202;
              (19)(a)(iii) human trafficking for sexual exploitation under Section Utah Code 77-41-102
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) the only offense or offenses for which the individual is on the registry are listed in Subsection (2); or
     (1)(b) the department receives a formal notification or order from the court or the Board of Pardons and Parole that the conviction for the offense or offenses for which the individual is on the registry have been reversed, vacated, or pardoned.
(2) The offenses described in Subsection (1)(a) are:

     (2)(a) a class B or class C misdemeanor for enticing a minor under Section 76-4-401;
     (2)(b) kidnapping under Subsection 76-5-301(2)(a) or (b);
     (2)(c) child kidnapping under Section 76-5-301.1, if the offender was the natural parent of the child victim;
     (2)(d) unlawful detention under Section 76-5-304;
     (2)(e) a third degree felony for unlawful sexual intercourse before 1986, or a class B misdemeanor for unlawful sexual intercourse, under Section 76-5-401; or
     (2)(f) sodomy, but not forcible sodomy, under Section 76-5-403.
(3)

     (3)(a) The department shall notify an individual who has been removed from the registry in accordance with Subsection (1).
     (3)(b) The notice described in Subsection (3)(a) shall include a statement that the individual is no longer required to register as a sex offender or kidnap offender.
(4) An individual who is currently on the Sex, Kidnap, and Child Abuse Offender Registry may submit a request to the department to be removed from the registry if the individual believes that the individual qualifies for removal under this section.
(5) The department, upon receipt of a request for removal from the registry shall:

     (5)(a) check the registry for the individual’s current status;
     (5)(b) determine whether the individual qualifies for removal based upon this section; and
     (5)(c) notify the individual in writing of the department’s determination and whether the individual:

          (5)(c)(i) qualifies for removal from the registry; or
          (5)(c)(ii) does not qualify for removal.
(6) If the department determines that the individual qualifies for removal from the registry, the department shall remove the offender from the registry.
(7) If the department determines that the individual does not qualify for removal from the registry, the department shall provide an explanation in writing for the department’s determination. The department’s determination is final and not subject to administrative review.
(8) Neither the department nor an employee of the department may be civilly liable for a determination made in good faith in accordance with this section.
(9)

     (9)(a) The department shall provide a response to a request for removal within 30 days of receipt of the request.
     (9)(b) If the response under Subsection (9)(a) cannot be provided within 30 days, the department shall notify the individual that the response may be delayed up to 30 additional days.
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