53-29-404. Sex, Kidnap, and Child Abuse Offender Notification and Registration website.

896 words·~4 min read·/ut/title-53/chapter-29/53-29-404

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)The department shall maintain a Sex, Kidnap, and Child Abuse Offender Notification and Registration website on the Internet available to the public.

(2)The registration website shall be indexed by both the surname of the offender and by postal codes.

(a)Except as provided in Subsection (3)(b) , the registration website shall include the following information:

(i)all names and aliases by which the offender is or has been known, but not including any online identifiers;

(ii)the addresses of the offender's primary, secondary, and temporary residences;

(iii)a physical description, including the offender's date of birth, height, weight, eye color, and hair color;

(iv)the make, model, color, year, and plate number of any vehicle or vehicles the offender owns or regularly drives;

(v)a current photograph of the offender;

(vi)a list of all professional licenses that authorize the offender to engage in an occupation or carry out a trade or business;

(vii)each educational institution in Utah at which the offender is employed or is a student;

(viii)a list of places where the offender works as a volunteer;

(ix)any registrable offenses for which the offender has been convicted or adjudicated; and

(x)other relevant identifying information of the offender as determined by the department.

(b)The department shall redact any information the department receives under Subsection

(a)that, if disclosed, could reasonably identify a victim.

(a)The department shall enable the public to search the 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 53-29-304(4)(a)(vii) ;

(ii)online identifiers or other addresses for an offender provided under Subsection 53-29-304(4)(a)(ix) ; 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 (4)(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 (4)(a) to a law enforcement agency; or

(ii)based on the results of a search under Subsection (4)(a), open an investigation.

(a)Subject to Subsection (5)(b) , the department shall place a disclaimer on the registration website informing the public that:

(i)the information contained on the site is obtained from offenders and the department does not guarantee the information's accuracy or completeness;

(ii)members of the public are not allowed to use the information to harass or threaten an offender or a member of an offender's family; and

(iii)harassment, stalking, or threats against an offender or an offender's family are prohibited and may violate Utah criminal laws.

(b)Before a user may access the registry website, the department shall require the user to indicate that the user has read the disclaimer, understands the disclaimer, and agrees to comply with the disclaimer's terms.

(a)If an offender was under 18 years old at the time of committing a registrable offense described in Subsection 53-29-202(1)(a) , (c), or (f), and as a result is required to register on the registry, the department shall maintain, but not publish, the offender's information on the registration website.

(i)If, based on the information provided to the department by the sentencing court, prosecuting entity, offender, or offender's counsel, the department cannot determine whether the offender is eligible for an exemption to publication on the registration website as described in Subsection (6)(a), the department shall continue to publish the offender's information on the registration website.

(ii)Information may be provided to the department at any time in order to clarify the offender's age at the time the offender committed the registrable offense.

(iii)This section does not prohibit the department from seeking or receiving information from individuals or entities other than those identified in Subsection (6)(b)(i) .

(c)This Subsection

(6):

(i)applies to an offender with a registration requirement on or after May 3, 2023, regardless of when the offender was first required to register; and

(ii)does not apply to an offender who is required to register for the offender's lifetime due to the offender being convicted of two or more registrable offenses or being convicted of one registrable offense and, at the time of the conviction for the registrable offense, being previously required to register as an offender for an offense committed as a juvenile as described in Subsection 53-29-203(1)(b) .

(7)In the case of an offender adjudicated in an external jurisdiction as a juvenile and required to register under this chapter the department shall maintain, but not publish, the offender's information on the registration website if the external jurisdiction where the juvenile offender was adjudicated does not publish the juvenile offender's information on a public website.

(8)Any information in the department's possession not listed in Subsection (3)(a) that is not available to the public shall be shared:

(a)for a purpose under this chapter; or

(b)in accordance with Section 63G-2-206 .

Enacted by Chapter 291 , 2025 General Session