reglab/statecodes huggingface dataset:
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38b - Crime Victims Restitution Act › Part 3 - Civil Accounts Receivables and Civil Judgments for Restitution › Section 301 - Entry of a civil judgment of restitution and civil accounts receivable -- Continuation of the criminal action -- Interest -- Delinquency.

Effective 5/3/2023
77-38b-301.
Entry of a civil judgment of restitution and civil accounts receivable -- Continuation of the criminal action -- Interest -- Delinquency.
(1) As used in this section, "civil judgment" means an order for:
(a) a civil judgment of restitution; or
(b) a civil accounts receivable.
(2) If the court has entered a civil judgment on the civil judgment docket under Section 77-18-114, the civil judgment is enforceable under the Utah Rules of Civil Procedure.
(3)
(a) Notwithstanding Sections 77-18-114, 78B-2-311, and 78B-5-202, a civil judgment shall expire only upon payment in full, including any applicable interest, collection fees, attorney fees, and liens that directly result from the civil judgment.
(b) Interest on a civil judgment may only accrue from the day on which the civil judgment is entered on the civil judgment docket by the court.
(c) This Subsection (3) applies to all civil judgments that are not paid in full on or before May 12, 2009.
(4) A civil judgment is considered entered on the civil judgment docket when the civil judgment appears on the civil judgment docket with:
(a) an amount owed by the defendant;
(b) the name of the defendant as the judgment debtor; and
(c) the name of the judgment creditors described in Subsections 77-18-114(1)(b)(iii) and (2)(b).
(5) If a civil judgment becomes delinquent, or is in default, and upon a motion from a judgment creditor, the court may order the defendant to appear and show cause why the defendant should not be held in contempt under Section 78B-6-317 for the delinquency or the default.
(6) Notwithstanding any other provision of law:
(a) a civil judgment is an obligation that arises out of a defendant's criminal case;
(b) a civil judgment is criminal in nature;
(c) the civil enforcement of a civil judgment shall be construed as a continuation of the criminal action for which the civil judgment arises; and
(d) the civil enforcement of a civil judgment does not divest a defendant of an obligation imposed as part of the defendant's punishment in a criminal action.
Amended by Chapter 113, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38b - Crime Victims Restitution Act › Part 3 - Civil Accounts Receivables and Civil Judgments for Restitution › Section 302 - Nondischargability in bankruptcy.

Effective 7/1/2021
77-38b-302.
Nondischargability in bankruptcy.
A civil judgment of restitution and a civil accounts receivable are considered a debt from a criminal case that may not be discharged in bankruptcy.
Enacted by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38b - Crime Victims Restitution Act › Part 4 - Enforcement and Collection of Restitution › Section 401 - Collection from inmate offenders.

Effective 7/1/2021
77-38b-401.
Collection from inmate offenders.
Upon written request of the prosecuting attorney, the victim, or the parole or probation agent for the defendant, the department shall collect restitution from offender funds held by the department under Section 64-13-23.
Renumbered and Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 40a - Expungement › Part 1 - General Provisions › Section 102 - Applicability to juvenile court records.

Effective 5/4/2022
77-40a-102.
Applicability to juvenile court records.
This chapter does not apply to an expungement of a record for an adjudication under Section 80-6-701 or a nonjudicial adjustment, as that term is defined in Section 80-1-102, of an offense in the juvenile court.
Renumbered and Amended by Chapter 250, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 40a - Expungement › Part 1 - General Provisions › Section 103 - Retroactive application.

Effective 5/4/2022
77-40a-103.
Retroactive application.
The provisions of this chapter apply retroactively to all arrests and convictions regardless of the date on which the arrests were made or convictions were entered.
Renumbered and Amended by Chapter 250, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 40a - Expungement › Part 1 - General Provisions › Section 104 - Rulemaking authority.

Effective 5/3/2023
77-40a-104.
Department rulemaking authority.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to:
(1) implement procedures for processing an automatic expungement;
(2) implement procedures for applying for certificates of eligibility;
(3) specify procedures for receiving a certificate of eligibility;
(4) create forms and determine information necessary to be provided to the bureau; and
(5) implement procedures for the confirmation of an expungement under Subsection 77-40a-403(2).
Amended by Chapter 265, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 40a - Expungement › Part 1 - General Provisions › Section 105 - Eligibility for removing the link between personal identifying information and court case dismissed.

Effective 5/4/2022
77-40a-105.
Eligibility for removing the link between personal identifying information and court case dismissed.
(1) As used in this section:
(a) "Domestic violence offense" means the same as that term is defined in Section 77-36-1.
(b) "Personal identifying information" means:
(i) a current name, former name, nickname, or alias; and
(ii) date of birth.
(2)
(a) An individual whose criminal case is dismissed, or civil case filed in accordance with Title 78B, Chapter 7, Protective Orders and Stalking Injunctions, is denied, may move the court for an order to remove the link between the individual's personal identifying information from the dismissed case in any publicly searchable database of the Utah state courts.
(b) If a motion is filed under Subsection (2)(a), the court shall grant the motion if:
(i) 30 days have passed from the day on which the case is dismissed or denied;
(ii) no appeal is filed for the dismissed or denied case within the 30-day period described in Subsection (2)(b)(i); and
(iii) no charge in the case was a domestic violence offense.
(3) Removing the link to personal identifying information of a court record under Subsection (2) does not affect a prosecuting, arresting, or other agency's records.
(4) A case history, unless expunged under this chapter, remains public and accessible through a search by case number.
Renumbered and Amended by Chapter 250, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 40a - Expungement › Part 1 - General Provisions › Section 107 - Expungement data requirements -- Report.

Effective 5/4/2022
77-40a-107.
Expungement data requirements -- Report.
(1) No later than November 1 of each year, the Administrative Office of the Courts shall submit a written report to the Executive Offices and Criminal Justice Appropriations Subcommittee and the Judiciary Interim Committee regarding expungement data for the preceding fiscal year, including:
(a) the number of petitions filed for expungement in the district, justice, and juvenile courts;
(b) the number of petitions granted for expungement in the district, justice, and juvenile courts;
(c) the number of orders issued for an automatic expungement by the district, justice, and juvenile courts;
(d) the total number of individuals for whom at least one automatic expungement order was issued by the district, justice, or juvenile court; and
(e) the total number of individuals for whom at least one petition-based expungement order was issued by the district, justice, or juvenile court.
(2) No later than November 1 of each year, the bureau shall submit a written report to the Executive Offices and Criminal Justice Appropriations Subcommittee and the Judiciary Interim Committee regarding expungement data for the preceding fiscal year, including:
(a) the number of applications for expungement received by the bureau;
(b) the number of certificates of eligibility issued by the bureau; and
(c) the number of orders for expungement received by the bureau.
Enacted by Chapter 384, 2022 General Session
Amended by Chapter 384, 2022 General Session, (Coordination Clause)
Technically renumbered for proper placement in Title 77, Chapter 40a.
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 40a - Expungement › Part 2 - Automatic Expungement and Deletion › Section 202 - Automatic deletion for traffic offense.

Effective 5/4/2022
77-40a-202.
Automatic deletion for traffic offense.
(1) Subject to Section 77-40a-203, records for the following traffic offenses shall be deleted without a court order or notice to the prosecuting agency:
(a) a traffic offense case that resulted in an acquittal on all charges;
(b) a traffic offense case that is dismissed with prejudice, except for a case that is dismissed with prejudice as a result of successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b); or
(c) a traffic offense case for which the following time periods have elapsed from the day on which the case is adjudicated:
(i) at least five years for a class C misdemeanor or an infraction; or
(ii) at least six years for a class B misdemeanor.
(2) The Judicial Council shall make rules to provide an ongoing process for identifying and deleting records on all traffic offenses described in Subsection (1).
Renumbered and Amended by Chapter 250, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 40a - Expungement › Part 2 - Automatic Expungement and Deletion › Section 203 - Time periods for expungement or deletion -- Identification and processing of clean slate eligible cases.

Effective 5/4/2022
77-40a-203.
Time periods for expungement or deletion -- Identification and processing of clean slate eligible cases.
(1) Reasonable efforts within available funding shall be made to expunge or delete a case as quickly as is practicable with the goal of:
(a) for cases adjudicated on or after May 1, 2020:
(i) expunging a case that resulted in an acquittal on all charges, 60 days after the acquittal;
(ii) expunging a case that resulted in a dismissal with prejudice, other than a case that is dismissed with prejudice as a result of successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b), 180 days after:
(A) for a case in which no appeal was filed, the day on which the entire case against the individual is dismissed with prejudice; or
(B) for a case in which an appeal was filed, the day on which a court issues a final unappealable order;
(iii) expunging a clean slate eligible case that is not a traffic offense within 30 days of the court, in accordance with Section 77-40a-201, determining that the requirements for expungement have been satisfied; or
(iv) deleting a traffic offense case described in Subsection 77-40a-202(1)(c) upon identification; and
(b) for cases adjudicated before May 1, 2020, expunging or deleting a case within one year of the day on which the case is identified as eligible for automatic expungement or deletion.
(2)
(a) The Judicial Council or the Supreme Court shall make rules governing the identification and processing of clean slate eligible cases in accordance with Section 77-40a-201.
(b) Reasonable efforts shall be made to identify and process all clean slate eligible cases in accordance with Section 77-40a-201.
(c) An individual does not have a cause of action for damages as a result of the failure to identify an individual's case as a clean slate eligible case or to automatically expunge or delete the records of a clean slate eligible case.
Renumbered and Amended by Chapter 250, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 40a - Expungement › Part 3 - Petition for Expungement › Section 301 - Application for certificate of eligibility for expungement -- Penalty for false or misleading information on application.

Effective 5/4/2022
77-40a-301.
Application for certificate of eligibility for expungement -- Penalty for false or misleading information on application.
(1) If an individual seeks to expunge the individual's criminal record in regard to an arrest, investigation, detention, or conviction, the individual shall:
(a) except as provided in Subsection 77-40a-305(3) or (4), apply to the bureau for a certificate of eligibility for expungement of the criminal record and pay the application fee as described in Section 77-40a-304;
(b) if the individual is qualified to receive a certificate of eligibility, pay the issuance fee for the certificate of eligibility as described in Section 77-40a-304; and
(c) file a petition for expungement in accordance with Section 77-40a-305.
(2)
(a) An individual who intentionally or knowingly provides any false or misleading information to the bureau when applying for a certificate of eligibility is guilty of a class B misdemeanor and subject to prosecution under Section 76-8-504.6.
(b) Regardless of whether the individual is prosecuted, the bureau may deny a certificate of eligibility to anyone who knowingly provides false information on an application.
Enacted by Chapter 250, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 40a - Expungement › Part 3 - Petition for Expungement › Section 302 - Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.

Effective 5/3/2023
77-40a-302.
Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.
(1) Except as provided in Subsection (2), if a petitioner is arrested or charged with an offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to expunge records of the arrest, investigation, and detention in the case for the offense if:
(a) at least 30 days have passed after the day on which the individual is arrested or charged for the offense;
(b) one of the following occurs:
(i) an investigating law enforcement agency and the prosecuting attorney have screened the case and determined that no charges will be filed against the petitioner;
(ii) all charges in the case are dismissed with prejudice;
(iii) if a charge in the case is dismissed without prejudice or without condition:
(A) the prosecuting attorney consents in writing to the issuance of a certificate of eligibility; or
(B) at least 180 days have passed after the day on which the charge is dismissed;
(iv) the petitioner is acquitted at trial on all of the charges in the case; or
(v) the statute of limitations expires on all of the charges in the case; and
(c)
(i) there is a conviction in the case for a traffic offense that is a class C misdemeanor or an infraction, at least three years have passed after the day on which the petitioner was convicted of the traffic offense; or
(ii) there is a conviction in the case for a traffic offense that is a class B misdemeanor, at least four years have passed after the day on which the petitioner was convicted of the traffic offense.
(2) A petitioner is not eligible for a certificate of eligibility under Subsection (1) if:
(a) there is a criminal proceeding for a misdemeanor or felony offense pending against the petitioner, unless the criminal proceeding is for a traffic offense;
(b) there is a plea in abeyance for a misdemeanor or felony offense pending against the petitioner, unless the plea in abeyance is for a traffic offense;
(c) the petitioner is currently incarcerated, on parole, or on probation, unless the petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory offense; or
(d) there is a criminal protective order or a criminal stalking injunction in effect for the case.
Amended by Chapter 265, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 40a - Expungement › Part 3 - Petition for Expungement › Section 306 - Order of expungement.

Effective 5/3/2023
77-40a-306.
Order of expungement.
(1) If a petition is filed in accordance with Section 77-40a-305, the court shall issue an order of expungement if the court finds, by clear and convincing evidence, that:
(a) except as provided in Subsection 77-40a-305(3) or (4), the petition and certificate of eligibility are sufficient;
(b) the statutory requirements have been met;
(c) if the petitioner seeks expungement after a case is dismissed without prejudice or without condition, the prosecuting attorney provided written consent and has not filed and does not intend to refile related charges;
(d) if the petitioner seeks expungement without a certificate of eligibility for expungement under Subsection 77-40a-305(4) for a record of conviction related to cannabis possession:
(i) the petitioner had, at the time of the relevant arrest or citation leading to the conviction, a qualifying condition, as that term is defined in Section 26B-4-201; and
(ii) the possession of cannabis in question was in a form and an amount to medicinally treat the qualifying condition described in Subsection (1)(d)(i);
(e) if an objection is received, the petition for expungement is for a charge dismissed in accordance with a plea in abeyance agreement, and the charge is an offense eligible to be used for enhancement, there is good cause for the court to grant the expungement; and
(f) the interests of the public would not be harmed by granting the expungement.
(2)
(a) If the court denies a petition described in Subsection (1)(c) because the prosecuting attorney intends to refile charges, the petitioner may apply again for a certificate of eligibility if charges are not refiled within 180 days after the day on which the court denies the petition.
(b) A prosecuting attorney who opposes an expungement of a case dismissed without prejudice, or without condition, shall have a good faith basis for the intention to refile the case.
(c) A court shall consider the number of times that good faith basis of intention to refile by the prosecuting attorney is presented to the court in making the court's determination to grant the petition for expungement described in Subsection (1)(c).
(3) If the court grants a petition described in Subsection (1)(e), the court shall make the court's findings in a written order.
(4) A court may not expunge a conviction of an offense for which a certificate of eligibility may not be, or should not have been, issued under Section 77-40a-302 or 77-40a-303.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 40a - Expungement › Part 4 - Distribution and Use of Expunged Records › Section 401 - Distribution of order -- Redaction -- Receipt of order -- Bureau requirements -- Administrative proceedings.

Effective 5/3/2023
77-40a-401.
Distribution of order -- Redaction -- Receipt of order -- Bureau requirements -- Administrative proceedings.
(1)
(a) The bureau, upon receiving notice from the court, shall notify all criminal justice agencies affected by the expungement order.
(b) For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons and Parole of an expungement order if the individual has never been:
(i) sentenced to prison in this state; or
(ii) under the jurisdiction of the Board of Pardons and Parole.
(c) A petitioner may deliver copies of the expungement to all criminal justice agencies affected by the order of expungement.
(d) An individual, who receives an expungement order under Section 77-27-5.1, shall pay a processing fee to the bureau, established in accordance with the process in Section 63J-1-504, before the bureau's record may be expunged.
(2) Unless otherwise provided by law or ordered by a court to respond differently, an individual or agency who has received an expungement of an arrest or conviction under this chapter or Section 77-27-5.1 may respond to any inquiry as though the arrest or conviction did not occur.
(3) The bureau shall forward a copy of the expungement order to the Federal Bureau of Investigation.
(4) An agency receiving an expungement order shall expunge the individual's identifying information contained in records in the agency's possession relating to the incident for which expungement is ordered.
(5) Unless ordered by a court to do so, or in accordance with Section 77-40a-403, a government agency or official may not divulge information or records that have been expunged.
(6)
(a) An expungement order may not restrict an agency's use or dissemination of records in the agency's ordinary course of business until the agency has received a copy of the order.
(b) Any action taken by an agency after issuance of the order but prior to the agency's receipt of a copy of the order may not be invalidated by the order.
(7) An expungement order may not:
(a) terminate or invalidate any pending administrative proceedings or actions of which the individual had notice according to the records of the administrative body prior to issuance of the expungement order;
(b) affect the enforcement of any order or findings issued by an administrative body pursuant to the administrative body's lawful authority prior to issuance of the expungement order;
(c) remove any evidence relating to the individual including records of arrest, which the administrative body has used or may use in these proceedings; or
(d) prevent an agency from maintaining, sharing, or distributing any record required by law.
Amended by Chapter 265, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 40a - Expungement › Part 4 - Distribution and Use of Expunged Records › Section 402 - Distribution for order for vacatur.

Effective 5/3/2023
77-40a-402.
Distribution for order for vacatur.
(1) An individual who receives an order for vacatur under Subsection 78B-9-108(2) shall be responsible for delivering a copy of the order for vacatur to all affected criminal justice agencies and officials.
(2) To complete delivery of the order for vacatur to the bureau, the individual shall complete and attach to the order for vacatur an application for a certificate of eligibility for expungement, including identifying information and fingerprints, in accordance with Section 77-40a-301.
(3) Except as otherwise provided in this section, the bureau shall treat the order for vacatur and attached certificate of eligibility for expungement the same as a valid order for expungement under Section 77-40a-401.
(4) Unless otherwise provided by law or ordered by a court to respond differently, an individual who has received a vacatur of conviction under Subsection 78B-9-108(2) may respond to any inquiry as though the conviction did not occur.
(5) The bureau shall forward a copy of the order for vacatur to the Federal Bureau of Investigation.
(6) An agency receiving an order for vacatur shall expunge the individual's identifying information contained in records in the agency's possession relating to the incident for which vacatur is ordered.
(7) A government agency or official may not divulge information contained in a record of arrest, investigation, detention, or conviction after receiving an order for vacatur to any person or agency, except for:
(a) the individual for whom vacatur was ordered; or
(b) Peace Officer Standards and Training, in accordance with Section 53-6-203 and Subsection 77-40a-403(4)(b).
(8) The bureau may not count vacated convictions against any future expungement eligibility.
Amended by Chapter 265, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 40a - Expungement › Part 4 - Distribution and Use of Expunged Records › Section 404 - Use of expunged records -- Individuals -- Use in civil actions.

Effective 5/3/2023
77-40a-404.
Confirmation of expungement -- Access to expunged records by individuals.
(1) An individual who receives an expungement may request a written confirmation from an agency under Subsection 77-40a-403(2) to confirm that the agency has expunged all records of the offense for which the individual received the expungement.
(2) The following individuals may view or obtain an expunged record under this chapter or Section 77-27-5.1:
(a) the petitioner or an individual who receives an automatic expungement under Section 77-40a-201;
(b) a law enforcement officer, who was involved in the case, for use solely in the officer's defense of a civil action arising out of the officer's involvement with the petitioner in that particular case; and
(c) a party to a civil action arising out of the expunged incident if the information is kept confidential and utilized only in the action.
Amended by Chapter 265, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 40a - Expungement › Part 4 - Distribution and Use of Expunged Records › Section 405 - Penalty for disclosure of expunged, vacated, or pardoned records.

Effective 5/4/2022
77-40a-405.
Penalty for disclosure of expunged, vacated, or pardoned records.
An employee or agent of an agency that is prohibited from disseminating information from expunged, vacated, or pardoned records under Section 77-27-5.1 or 77-40a-403 who knowingly or intentionally discloses identifying information from the expunged, vacated, or pardoned record that has been pardoned, vacated, or expunged, unless allowed by law, is guilty of a class A misdemeanor.
Renumbered and Amended by Chapter 250, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 41 - Sex and Kidnap Offender Registry › Section 103 - Department duties.

Effective 5/3/2023
Superseded 7/1/2024
77-41-103.
Department duties.
(1) The department, to assist in investigating kidnapping and sex-related crimes, and in apprehending offenders, shall:
(a) develop and operate a system to collect, analyze, maintain, and disseminate information on offenders and sex and kidnap offenses;
(b) make information listed in Subsection 77-41-110(4) available to the public; and
(c) share information provided by an offender under this chapter that may not be made available to the public under Subsection 77-41-110(4), but only:
(i) for the purposes under this chapter; or
(ii) in accordance with Section 63G-2-206.
(2) Any law enforcement agency shall, in the manner prescribed by the department, inform the department of:
(a) the receipt of a report or complaint of an offense listed in Subsection 77-41-102(10) or (18), within three business days; and
(b) the arrest of a person suspected of any of the offenses listed in Subsection 77-41-102(10) or (18), within five business days.
(3) Upon convicting a person of any of the offenses listed in Subsection 77-41-102(10) or (18), the convicting court shall within three business days forward a signed copy of the judgment and sentence to the Sex and Kidnap Offender Registry office within the Department of Corrections.
(4) Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a conviction for any offense listed in Subsection 77-41-102(10) or (18), the court shall, within three business days, forward a signed copy of the order to the Sex and Kidnap Offender Registry office within the Department of Corrections.
(5) The department may intervene in any matter, including a criminal action, where the matter purports to affect a person's lawfully entered registration requirement.
(6) The department shall:
(a) provide the following additional information when available:
(i) the crimes the offender has been convicted of or adjudicated delinquent for;
(ii) a description of the offender's primary and secondary targets; and
(iii) any other relevant identifying information as determined by the department;
(b) maintain the Sex Offender and Kidnap Offender Notification and Registration website; and
(c) ensure that the registration information collected regarding an offender's enrollment or employment at an educational institution is:
(i)
(A) promptly made available to any law enforcement agency that has jurisdiction where the institution is located if the educational institution is an institution of higher education; or
(B) promptly made available to the district superintendent of the school district where the offender is employed if the educational institution is an institution of primary education; and
(ii) entered into the appropriate state records or data system.
Amended by Chapter 123, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 41 - Sex and Kidnap Offender Registry › Section 103 - Department duties.

Effective 7/1/2024
77-41-103.
Department duties.
(1) The department shall:
(a) develop and operate a system to collect, analyze, maintain, and disseminate information on offenders and sex and kidnap offenses;
(b) make information listed in Subsection 77-41-110(4) available to the public; and
(c) share information provided by an offender under this chapter that may not be made available to the public under Subsection 77-41-110(4), but only:
(i) for the purposes under this chapter; or
(ii) in accordance with Section 63G-2-206.
(2) Any law enforcement agency shall, in the manner prescribed by the department, inform the department of:
(a) the receipt of a report or complaint of an offense listed in Subsection 77-41-102(10) or (18), within three business days; and
(b) the arrest of a person suspected of any of the offenses listed in Subsection 77-41-102(10) or (18), within five business days.
(3) Upon convicting a person of any of the offenses listed in Subsection 77-41-102(10) or (18), the convicting court shall within three business days forward a signed copy of the judgment and sentence to the Sex and Kidnap Offender Registry office within the department.
(4) Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a conviction for any offense listed in Subsection 77-41-102(10) or (18), the court shall, within three business days, forward a signed copy of the order to the Sex and Kidnap Offender Registry office within the department.
(5) The department may intervene in any matter, including a criminal action, where the matter purports to affect a person's lawfully entered registration requirement.
(6) The department shall:
(a) provide the following additional information when available:
(i) the crimes the offender has been convicted of or adjudicated delinquent for;
(ii) a description of the offender's primary and secondary targets; and
(iii) any other relevant identifying information as determined by the department;
(b) maintain the Sex Offender and Kidnap Offender Notification and Registration website; and
(c) ensure that the registration information collected regarding an offender's enrollment or employment at an educational institution is:
(i)
(A) promptly made available to any law enforcement agency that has jurisdiction where the institution is located if the educational institution is an institution of higher education; or
(B) promptly made available to the district superintendent of the school district where the offender is employed if the educational institution is an institution of primary education; and
(ii) entered into the appropriate state records or data system.
Amended by Chapter 123, 2023 General Session
Amended by Chapter 128, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 41 - Sex and Kidnap Offender Registry › Section 106 - Offenses requiring lifetime registration.

Effective 5/3/2023
77-41-106.
Offenses requiring lifetime registration.
Offenses referred to in Subsection 77-41-105(3)(c)(i) are:
(1) any offense listed in Subsection 77-41-102(10) or (18) if, at the time of the conviction, the offender has previously been convicted of an offense listed in Subsection 77-41-102(10) or (18) or has previously been required to register as a sex offender for an offense committed as a juvenile;
(2) a conviction for any of the following offenses, including attempting, soliciting, or conspiring to commit any felony of:
(a) Section 76-5-301.1, child kidnapping, except if the offender is a natural parent of the victim;
(b) Section 76-5-402, rape;
(c) Section 76-5-402.1, rape of a child;
(d) Section 76-5-402.2, object rape;
(e) Section 76-5-402.3, object rape of a child;
(f) Section 76-5-403.1, sodomy on a child;
(g) Section 76-5-404.3, aggravated sexual abuse of a child; or
(h) Section 76-5-405, aggravated sexual assault;
(3) Section 76-5-308.1, human trafficking for sexual exploitation;
(4) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
(5) Section 76-5-310, aggravated human trafficking for sexual exploitation;
(6) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
(7) Section 76-4-401, a felony violation of enticing a minor;
(8) Section 76-5-302, aggravated kidnapping, except if the offender is a natural parent of the victim;
(9) Section 76-5-403, forcible sodomy;
(10) Section 76-5-404.1, sexual abuse of a child;
(11) Section 76-5b-201, sexual exploitation of a minor;
(12) Section 76-5b-201.1, aggravated sexual exploitation of a minor;
(13) Subsection 76-5b-204(2)(b), aggravated sexual extortion; or
(14) Section 76-10-1306, aggravated exploitation of prostitution, on or after May 10, 2011.
Amended by Chapter 123, 2023 General Session
Amended by Chapter 457, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 41 - Sex and Kidnap Offender Registry › Section 107 - Penalties.

Effective 5/3/2023
77-41-107.
Penalties.
(1) An offender who knowingly fails to register under this chapter or provides false or incomplete information is guilty of:
(a) a third degree felony and shall be sentenced to serve a term of incarceration for not less than 30 days and also at least one year of probation if:
(i) the offender is required to register for a felony conviction or adjudicated delinquent for what would be a felony if the juvenile were an adult of an offense listed in Subsection 77-41-102(10)(a) or (18)(a); or
(ii) the offender is required to register for the offender's lifetime under Subsection 77-41-105(3)(c); or
(b) a class A misdemeanor and shall be sentenced to serve a term of incarceration for not fewer than 30 days and also at least one year of probation if the offender is required to register for a misdemeanor conviction or is adjudicated delinquent for what would be a misdemeanor if the juvenile were an adult of an offense listed in Subsection 77-41-102(10)(a) or (18)(a).
(2)
(a) Neither the court nor the Board of Pardons and Parole may release an individual who violates this chapter from serving the term required under Subsection (1).
(b) This Subsection (2) supersedes any other provision of the law contrary to this chapter.
(3) The offender shall register for an additional year for every year in which the offender does not comply with the registration requirements of this chapter.
Amended by Chapter 123, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 41 - Sex and Kidnap Offender Registry › Section 108 - Classification of information.

77-41-108.
Classification of information.
Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, information under Subsection 77-41-103(4) that is collected and released under Subsection 77-41-110(4) is public information, unless otherwise restricted under Subsection 77-41-103(1).
Enacted by Chapter 145, 2012 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 41 - Sex and Kidnap Offender Registry › Section 109 - Miscellaneous provisions.

Effective 5/3/2023
77-41-109.
Miscellaneous provisions.
(1)
(a) If an offender is to be temporarily sent on any assignment outside a secure facility in which the offender is confined on any assignment, including, without limitation, firefighting or disaster control, the official who has custody of the offender shall, within a reasonable time prior to removal from the secure facility, notify the local law enforcement agencies where the assignment is to be filled.
(b) This Subsection (1) does not apply to any person temporarily released under guard from the institution in which the person is confined.
(2) Notwithstanding Title 77, Chapter 40a, Expungement, a person convicted of any offense listed in Subsection 77-41-102(10) or (18) is not relieved from the responsibility to register as required under this section, unless the offender is removed from the registry under Section 77-41-112 or Section 77-41-113.
Amended by Chapter 123, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 41 - Sex and Kidnap Offender Registry › Section 110 - Sex offender and kidnap offender registry -- Department to maintain.

Effective 5/3/2023
77-41-110.
Sex offender and kidnap offender registry -- Department to maintain.
(1) The department shall maintain a Sex Offender and Kidnap 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 Offender and Kidnap 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 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 (5), the Sex Offender and Kidnap 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(10) and (18) that the offender has been convicted of or for which the offender has been adjudicated delinquent in juvenile court.
(5) The department, its 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.
(6) The department shall redact information that, if disclosed, could reasonably identify a victim.
Amended by Chapter 123, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 41 - Sex and Kidnap Offender Registry › Section 111 - Fees.

Superseded 7/1/2024
77-41-111.
Fees.
(1) Each offender required to register under Section 77-41-105 shall, in the month of the offender's birth:
(a) pay to the department an annual fee of $100 each year the offender is subject to the registration requirements of this chapter; and
(b) pay to the registering agency, if it is an agency other than the Department of Corrections, an annual fee of not more than $25, which may be assessed by that agency for providing registration.
(2) Notwithstanding Subsection (1), an offender who is confined in a secure facility or in a state mental hospital is not required to pay the annual fee.
(3) The department shall deposit fees collected in accordance with this chapter in the General Fund as a dedicated credit, to be used by the department for maintaining the offender registry under this chapter and monitoring offender registration compliance, including the costs of:
(a) data entry;
(b) processing registration packets;
(c) updating registry information;
(d) ensuring offender compliance with registration requirements under this chapter; and
(e) apprehending offenders who are in violation of the offender registration requirements under this chapter.
Enacted by Chapter 145, 2012 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 41 - Sex and Kidnap Offender Registry › Section 111 - Fees.

Effective 7/1/2024
77-41-111.
Fees.
(1) Each offender required to register under Section 77-41-105 shall, in the month of the offender's birth:
(a) pay to the department an annual fee of $100 each year the offender is subject to the registration requirements of this chapter; and
(b) pay to the registering agency, if it is an agency other than the department, an annual fee of not more than $25, which may be assessed by that agency for providing registration.
(2) Notwithstanding Subsection (1), an offender who is confined in a secure facility or in a state mental hospital is not required to pay the annual fee.
(3) The department shall deposit fees collected in accordance with this chapter in the General Fund as a dedicated credit, to be used by the department for maintaining the offender registry under this chapter and monitoring offender registration compliance, including the costs of:
(a) data entry;
(b) processing registration packets;
(c) updating registry information; and
(d) reporting an offender not in compliance with registration requirements to a law enforcement agency.
Amended by Chapter 128, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 41 - Sex and Kidnap Offender Registry › Section 113 - Removal for offenses or convictions for which registration is no longer required.

Effective 5/3/2023
77-41-113.
Removal for offenses or convictions for which registration is no longer required.
(1) The department shall automatically remove an individual who is currently on the Sex and Kidnap Offender Registry because of a conviction if:
(a) the only offense or offenses for which the individual is on the registry are listed in Subsection (2); or
(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:
(a) a class B or class C misdemeanor for enticing a minor, Section 76-4-401;
(b) kidnapping, based upon Subsection 76-5-301(2)(a) or (b);
(c) child kidnapping, Section 76-5-301.1, if the offender was the natural parent of the child victim;
(d) unlawful detention, Section 76-5-304;
(e) a third degree felony for unlawful sexual intercourse before 1986, or a class B misdemeanor for unlawful sexual intercourse, Section 76-5-401; or
(f) sodomy, but not forcible sodomy, Section 76-5-403.
(3)
(a) The department shall notify an individual who has been removed from the registry in accordance with Subsection (1).
(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.
(4) An individual who is currently on the Sex and Kidnap 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:
(a) check the registry for the individual's current status;
(b) determine whether the individual qualifies for removal based upon this section; and
(c) notify the individual in writing of the department's determination and whether the individual:
(i) qualifies for removal from the registry; or
(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 any employee may be civilly liable for a determination made in good faith in accordance with this section.
(9) The department shall provide a response to a request for removal within 30 days of receipt of the request. If the response cannot be provided within 30 days, the department shall notify the individual that the response may be delayed up to 30 additional days.
Amended by Chapter 123, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 41 - Sex and Kidnap Offender Registry › Section 114 - Registration for individuals under 18 years old at the time of the offense.

Effective 5/3/2023
77-41-114.
Registration for individuals under 18 years old at the time of the offense.
(1) Except for an offender who is subject to lifetime registration under Subsection 77-41-106(1), the department shall, if the offender was under 18 years old at the time of the offense, maintain, but not publish, the offender's information on the registration website for an offense listed in Subsection 77-41-102(10)(a), (e), or (f) or 77-41-102(18)(a), (e), or (f).
(2)
(a) If, based on the information provided to the department by the sentencing court, prosecuting entity, offender, or offender's counsel, the department cannot determine if the offender is eligible for an exemption to publication on the registration website as described in Subsection (1), the department shall continue to publish the offender's information on the registration website.
(b) Information may be provided to the department at any time in order to clarify the offender's age at the time of the offense.
(c) This section does not prohibit the department from seeking or receiving information from individuals or entities other than those identified in Subsection (2)(a).
(3) This section applies to offenders with a registration requirement on or after May 3, 2023, regardless of when the offender was first required to register.
(4) An offender convicted after May 3, 2023, of an offense committed when the individual was under 18 years old, is not subject to registration requirements under this chapter unless the offender:
(a) is charged by criminal information in juvenile court under Section 80-6-503;
(b) is bound over to district court in accordance with Section 80-6-504; and
(c) is convicted of a qualifying offense described in Subsection 77-41-102(10)(a) or 77-41-102(18)(a).
Enacted by Chapter 123, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 42 - Utah White Collar Crime Offender Registry › Section 102 - Definitions.

Effective 5/10/2016
77-42-102.
Definitions.
As used in this chapter:
(1) "Attorney general" means the Utah attorney general or a deputy attorney general.
(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 stating that the offender has met the requirements of Section 77-42-108.
(5) "Conviction" means the same as that term is defined in Section 76-3-201.
(6) "Offender" means an individual required to register as provided in Section 77-42-105.
(7) "Register" means to comply with the requirements of this chapter and rules of the Office of the Attorney General made under this chapter.
Amended by Chapter 319, 2016 General Session