2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 43 - Child Abuse Offender Registry › Section 102 - Definitions.

Effective 5/4/2022
Superseded 7/1/2024
77-43-102.
Definitions.
As used in this chapter:
(1) "Business day" means a day on which state offices are open for regular business.
(2) "Child abuse offender" means any person who:
(a) has been convicted in this state of a felony violation of:
(i) Subsection 76-5-109.2(3)(a) or (b), aggravated child abuse;
(ii) Section 76-5-308.5, human trafficking of a child; or
(iii) attempting, soliciting, or conspiring to commit any felony offense listed in Subsections (2)(a)(i) or (ii);
(b) has been convicted of any crime, or an attempt, solicitation, or conspiracy to commit a crime in another jurisdiction, including any state, federal, or military court, that is substantially equivalent to the offenses listed in Subsection (2)(a) and who is:
(i) a Utah resident; or
(ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of 10 or more days, regardless of whether the offender intends to permanently reside in this state;
(c)
(i) is required to register as a child abuse offender in any other jurisdiction of original conviction, who is required to register as a child abuse offender by any state, federal, or military court, or who would be required to register as a child abuse offender if residing in the jurisdiction of the conviction regardless of the date of the conviction or any previous registration requirements; and
(ii) in any 12-month period, is in this state for a total of 10 or more days, regardless of whether the offender intends to permanently reside in this state;
(d) is a nonresident regularly employed or working in this state, or who is a student in this state, and was convicted of one or more offenses listed in Subsection (2)(a), or any substantially equivalent offense in another jurisdiction, or who, as a result of the conviction, is required to register in the person's state of residence;
(e) is found not guilty by reason of insanity in this state or in any other jurisdiction of one or more offenses listed in Subsection (2)(a); or
(f) is adjudicated delinquent based on one or more offenses listed in Subsection (2)(a) and who has been committed to the division for secure confinement for that offense and remains in the division's custody 30 days before the person's 21st birthday.
(3) "Correctional facility" means the same as that term is defined in Section 64-13-1.
(4) "Department" means the Department of Corrections.
(5) "Division" means the Division of Juvenile Justice Services.
(6) "Employed" or "carries on a vocation" includes employment that is full time or part time, whether financially compensated, volunteered, or for the purpose of government or educational benefit.
(7) "Indian Country" means:
(a) all land within the limits of any Indian reservation under the jurisdiction of the United States government, regardless of the issuance of any patent, and includes rights-of-way running through the reservation;
(b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory, and whether or not within the limits of a state; and
(c) all Indian allotments, including the Indian allotments to which the Indian titles have not been extinguished, including rights-of-way running through the allotments.
(8) "Jurisdiction" means any state, Indian Country, United States Territory, or any property under the jurisdiction of the United States Armed Forces, Canada, the United Kingdom, Australia, or New Zealand.
(9) "Natural parent" means a minor's biological or adoptive parent, and includes the minor's noncustodial parent.
(10) "Offender" means a child abuse offender as defined in Subsection (2).
(11) "Online identifier" or "Internet identifier":
(a) means any electronic mail, chat, instant messenger, social networking, or similar name used for Internet communication; and
(b) does not include date of birth, Social Security number, PIN number, or Internet passwords.
(12) "Primary residence" means the location where the offender regularly resides, even if the offender intends to move to another location or return to another location at any future date.
(13) "Register" means to comply with the requirements of this chapter and administrative rules of the department made under this chapter.
(14) "Registration website" means the Child Abuse Offender Notification and Registration website described in Section 77-43-108 and the information on the website.
(15) "Secondary residence" means any real property that the offender owns or has a financial interest in, or any location where, in any 12-month period, the offender stays overnight a total of 10 or more nights when not staying at the offender's primary residence.
(16) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
(17) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in any jurisdiction.
Amended by Chapter 430, 2022 General Session