Individuals convicted of sexual offenses can face a range of restrictions and conditions. These include registering as a sex offender, which requires the person to report to their local law enforcement agency periodically. The registration duration will vary depending on the offense the individual was convicted of. Failing to abide by the requirement can result in additional criminal charges and penalties. A skilled criminal defense lawyer can provide guidance for those charged with sex crimes and seek a favorable result.
What Are the Rules for Sex Offenders in Utah?
In Utah, sex offender registration is required of anyone convicted of a qualifying sexual offense. When released from confinement, the individual must register in person with the police department or sheriff’s office located in the area of their residence.
The information the person must provide includes, but is not limited to, the following:
- Physical description,
- Phone number,
- Copy of passport, and
- Social security number.
The individual must register during the month of their birthday and six months after. More frequent registration may be necessary if required by the jurisdiction they were convicted in. Additionally, if the individual changes their residence, place of employment, vehicle, or educational institution, they must update their information within three days of the change.
The length of registration depends on the offense the person was convicted of. For some crimes, a person must register for 10 years; for others, life.
If the offense the individual was convicted of was a felony or the person is required to register for life, failing to report as obligated is a third-degree felony. Those convicted of misdemeanors who fail to register may be charged with a class A misdemeanor. In either case, the minimum term of incarceration is 30 days, and the individual must be placed on probation for at least 1 year.
What Crimes Require Registration as a Sex Offender?
Convictions for various offenses will trigger the sex offender registration requirement.
Below are examples of these crimes:
- Enticing a minor
- Sexual exploitation of a vulnerable adult
- Human trafficking for sexual exploitation
- Unlawful sexual activity with a minor
- Sexual abuse of a minor
- Unlawful sexual conduct with a 16 or 17 year old
- Forcible sexual abuse
- Sexual abuse of a child
- Custodial sexual relations against a minor
- Sexual exploitation of a minor
- Lewdness (4 or more convictions)
- Sexual battery (4 or more convictions)
- Lewdness involving a child
- Aggravated exploitation of prostitution
What Are Sex Offenders Not Allowed to Do?
Individuals required to register as sex offenders in Utah can face a wide range of restrictions.
For example, those convicted of a crime against a minor are not allowed access to the following:
- Daycares or preschools;
- Public swimming pools, playgrounds, or parks; or
- Primary or secondary school campuses (for private and public institutions).
These individuals may also be subject to travel constraints and may be prohibited from having a child accompany them anywhere.
Can a Person Get Off the Sex Offender Registry?
In Utah, a person required to register as a sex offender may attempt to be relieved of the obligation by petitioning the court.
To qualify for removal, the individual must meet certain criteria, including the following:
- Waiting the requisite amount of time after completing their sentence or being placed on probation or parole,
- Not having been convicted of another offense, and
- Completing court- or facility-ordered treatment.
How Can a Criminal Defense Lawyer Help?
The sex offender registration requirement is triggered only when a person is convicted of a certain crime. Having an attorney assist in challenging the criminal charge can help avoid or minimize penalties.
An experienced lawyer will understand state laws and court proceedings well, allowing them to craft a compelling defense strategy that considers relevant evidence. With a skilled advocate on their side, defendants may increase their chances of pursuing a favorable outcome.
If you have been charged with a crime in Salt Lake City, contact Lokken & Putnam, P.C. at (801) 829-9783 to discuss your case.