2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 21.7 - Sex offender restrictions.

Effective 5/3/2023
77-27-21.7.
Sex offender restrictions.
(1) As used in this section:
(a) "Condominium project" means the same as that term is defined in Section 57-8-3.
(b) "Minor" means an individual who is younger than 18 years old;
(c)
(i) "Protected area" means the premises occupied by:
(A) a licensed day care or preschool facility;
(B) a public swimming pool or a swimming pool maintained, operated, or owned by a homeowners' association, condominium project, or apartment complex;
(C) a public or private primary or secondary school that is not on the grounds of a correctional facility;
(D) a community park that is open to the public or a park maintained, operated, or owned by a homeowners' association, condominium project, or apartment complex;
(E) a public playground or a playground maintained, operated, or owned by a homeowners' association, condominium project, or apartment complex, including those areas designed to provide minors with space, recreational equipment, or other amenities intended to allow minors to engage in physical activity; and
(F) except as provided in Subsection (1)(c)(ii), an area that is 1,000 feet or less from the residence of a victim of the sex offender if the sex offender is subject to a victim requested restriction.
(ii) "Protected area" does not include:
(A) the area described in Subsection (1)(c)(i)(F) if the victim is a member of the immediate family of the sex offender and the terms of the sex offender's agreement of probation or parole allow the sex offender to reside in the same residence as the victim;
(B) a park, playground, or swimming pool located on the property of a residential home;
(C) a park or swimming pool that prohibits minors at all times from using the park or swimming pool; or
(D) a park or swimming pool maintained, operated, or owned by a homeowners' association, condominium project, or apartment complex established for residents 55 years old or older if no minors are present at the park or swimming pool at the time the sex offender is present at the park or swimming pool.
(d) "Sex offender" means an adult or juvenile who is required to register in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, due to a conviction for an offense that is committed against a person younger than 18 years old.
(2) For purposes of Subsection (1)(c)(i)(F), a sex offender is subject to a victim requested restriction if:
(a) the sex offender is on probation or parole for an offense that requires the offender to register in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
(b) the victim or the victim's parent or guardian advises the Department of Corrections that the victim elects to restrict the sex offender from the area and authorizes the Department of Corrections to advise the sex offender of the area where the victim resides; and
(c) the Department of Corrections notifies the sex offender in writing that the sex offender is prohibited from being in the area described in Subsection (1)(c)(i)(F) and provides a description of the location of the protected area to the sex offender.
(3) A sex offender may not:
(a) be in a protected area except:
(i) when the sex offender must be in a protected area to perform the sex offender's parental responsibilities;
(ii)
(A) when the protected area is a public or private primary or secondary school; and
(B) the school is open and being used for a public activity other than a school-related function that involves a minor; or
(iii)
(A) if the protected area is a licensed day care or preschool facility located within a building that is open to the public for purposes other than the operation of the day care or preschool facility; and
(B) the sex offender does not enter a part of the building that is occupied by the day care or preschool facility; or
(b) serve as an athletic coach, manager, or trainer for a sports team of which a minor who is younger than 18 years old is a member.
(4) A sex offender who violates this section is guilty of:
(a) a class A misdemeanor; or
(b) if previously convicted of violating this section within the last ten years, a third degree felony.
Amended by Chapter 18, 2023 General Session
Amended by Chapter 117, 2023 General Session