Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 83 - Iowa Sex Offender Registry › Rule 661-83.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to rules
				661-83.1 (692A) to
				661-83.5(692A).
"Aggravated offense"
means a conviction for
				any of the following offenses:
1. Sexual abuse in the first degree in violation of Iowa Code
				section
				709.2.
2. Sexual abuse in the second degree in violation of Iowa Code
				section
				709.3.
3. Sexual abuse in the third degree in violation of Iowa Code
				section
				709.4(1)
"a."
4. Lascivious acts with a child in violation of Iowa Code
				section
				709.8(1)
"a"
or
"b."
5. Assault with intent to commit sexual abuse in violation of
				Iowa Code section
				709.11.
6. Burglary in the first degree in violation of Iowa Code
				section
				713.3(1)
"d."
7. Kidnapping, if sexual abuse as defined in Iowa Code section
				709.1 is
				committed during the commission of the offense.
8. Murder in violation of Iowa Code section
				707.2
				or
				707.3,
				if sexual abuse as defined in Iowa Code section
				709.1 is
				committed during the offense.
9. Continuous sexual abuse of a child in violation of Iowa Code
				section
				709.23.
10. Any conviction for an offense specified in the laws of
				another jurisdiction or any conviction for an offense prosecuted in a federal,
				military, or foreign court that is comparable to an offense listed in
				paragraphs "1" through "9" shall be considered an aggravated offense for
				purposes of registering under this chapter.
"Aggravated offense against a minor"
means a
				conviction for any of the following offenses, if such offense was committed
				against a minor or otherwise involves a minor:
1. Sexual abuse in the first degree in violation of Iowa Code
				section
				709.2.
2. Sexual abuse in the second degree in violation of Iowa Code
				section
				709.3.
3. Sexual abuse in the third degree in violation of Iowa Code
				section
				709.4,
				except for a violation of Iowa Code section
				709.4(1)
"b"
(3)(d).
4. Continuous sexual abuse of a child in violation of Iowa Code
				section
				709.23.
5. Any offense specified in the laws of another jurisdiction or
				prosecuted in a federal, military, or foreign court that is comparable to an
				offense listed in paragraphs "1" through "4" shall be considered an aggravated
				offense against a minor if such an offense was committed against a minor or
				otherwise involves a minor.
"Appearance"
means to appear in person at a
				sheriff's office.
"Business day"
means every day except
				Saturday, Sunday, or any paid holiday for county employees in the applicable
				county.
"Change"
means to add, begin, or
				terminate.
"Child care facility"
means the same as
				defined in Iowa Code section
				237A.1.
"Convicted"
means found guilty of, pleads
				guilty to, or is sentenced or adjudicated delinquent for an act which is an
				indictable offense in this state or in another jurisdiction including in a
				federal, military, tribal, or foreign court, including but not limited to a
				juvenile who has been adjudicated delinquent but whose juvenile court records
				have been sealed under Iowa Code section
				232.150, and a
				person who has received a deferred sentence or a deferred judgment or has been
				acquitted by reason of insanity. "Convicted" includes the conviction of a
				juvenile prosecuted as an adult. "Convicted" also includes a conviction for an
				attempt or conspiracy to commit an offense. "Convicted" does not mean a plea,
				sentence, adjudication, deferred sentence, or deferred judgment which has been
				reversed or otherwise set aside.
"Criminal or juvenile justice agency"
means an
				agency or department of any level of government or an entity wholly owned,
				financed, or controlled by one or more such agencies or departments which
				performs as its principal function the apprehension, prosecution, adjudication,
				incarceration, or rehabilitation of criminal or juvenile offenders.
"Department"
means the department of public
				safety.
"Employee"
means an offender who is
				self-employed, employed by another, and includes a person working under
				contract or acting or serving as a volunteer, regardless of whether the
				self-employment, employment by another, or volunteerism is performed for
				compensation.
"Employment"
means acting as an
				employee.
"Foreign court"
means a court of a foreign
				nation that is recognized by the United States Department of State that
				enforces the right to a fair trial during the period in which a conviction
				occurred.
"Habitually lives"
means living in a place
				with some regularity, and with reference to where the sex offender actually
				lives, which could be some place other than a mailing address or primary
				address but would entail a place where the sex offender lives on an
				intermittent basis.
"Incarcerated"
means to be imprisoned by
				placing a person in a jail, prison, penitentiary, juvenile facility, or other
				correctional institution or facility or a place or condition of confinement or
				forcible restraint regardless of the nature of the institution in which the
				person serves a sentence for a conviction.
"Internet identifier"
means an electronic mail
				address, instant message address or identifier, or any other designation or
				moniker used for self-identification during Internet communication or posting,
				including all designations used for the purpose of routing or
				self-identification in Internet communications or postings.
"Jurisdiction"
means any state of the United
				States, the District of Columbia, the Commonwealth of Puerto Rico, Guam,
				American Samoa, the Northern Mariana Islands, the United States Virgin Islands,
				or a federally recognized Indian tribe.
"Loiter"
means remaining in a place or
				circulating around a place under circumstances that would warrant a reasonable
				person to believe that the purpose or effect of the behavior is to enable a sex
				offender to become familiar with a location where a potential victim may be
				found, or to satisfy an unlawful sexual desire, or to locate, lure, or harass a
				potential victim.
"Military offense"
means a sex offense
				specified by the U.S. Secretary of Defense under
				10 U.S.C. Section
				951.
"Minor"
means a person under 18 years of
				age.
"Principal residence"
for a sex offender
				means:
1. The residence of the offender, if the offender has only one
				residence in this state.
2. The residence at which the offender resides, sleeps, or
				habitually lives for more days per year than another residence in this state,
				if the offender has more than one residence in this state.
3. The place of employment or attendance as a student, or both,
				if the sex offender does not have a residence in this state.
"Professional licensing information"
means the
				name or other description, number, if applicable, and issuing authority or
				agency of any license, certification, or registration required by law to engage
				in a profession or occupation held by a sex offender who is required at the
				time of the initial requirement to register under this chapter, or any such
				license, certification, or registration that was issued to an offender within
				the five-year period prior to conviction for a sex offense that requires
				registration under this chapter, or any such license, certification, or
				registration that is issued to an offender at any time during the duration of
				the registration requirement.
"Public library"
means any library that
				receives financial support from a city or county pursuant to Iowa Code section
				256.69.
"Registrant"
means a person who is currently
				registered with the Iowa sex offender registry.
"Relevant information"
means the following
				information with respect to a sex offender:
1. Criminal history, including warrants, articles, status of
				parole, probation, or supervised release, date of arrest, date of conviction,
				and registration status.
2. Date of birth.
3. Passport and immigration documents.
4. Government-issued driver's license or identification
				card.
5. DNA sample.
6. Educational institutions attended as a student, including
				the name and address of such institutions.
7. Employment information, including name and address of
				employer.
8. Fingerprints.
9. Internet identifiers.
10. Names, nicknames, aliases, or ethnic or tribal names, and,
				if applicable, the real names of an offender protected under
				18 U.S.C. Section
				3521.
11. Palm prints.
12. Photographs.
13. Physical description, including scars, marks, or
				tattoos.
14. Professional licensing information.
15. Residence.
16. Social security number.
17. Telephone numbers, including any landline or wireless
				numbers.
18. Temporary lodging information, including dates when
				residing in temporary lodging.
19. Statutory citation and text of offense committed that
				requires registration under this chapter.
20. Vehicle information for a vehicle owned or operated by an
				offender, including license plate number, registration number, or other
				identifying number, vehicle description, and the permanent or frequent
				locations where the vehicle is parked, docked, or otherwise kept.
21. The name, gender, and date of birth of each person residing
				in the residence.
Exception: "Relevant information" does not include relevant
				information in paragraphs "1" and "19," when a sex offender is required to
				provide relevant information pursuant to this chapter.
"Residence"
means each dwelling or other place
				where a sex offender resides, sleeps, or habitually lives, or will reside,
				sleep, or habitually live, including a shelter or group home. If a sex offender
				does not reside, sleep, or habitually live in a fixed place, "residence" means
				a description of the locations where the offender is stationed regularly,
				including any mobile or transitory living quarters. "Residence" shall be
				construed to refer to the places where a sex offender resides, sleeps,
				habitually lives, or is stationed with regularity, regardless of whether the
				offender declares or characterizes such place as the residence of the
				offender.
"Sex act"
means the same as the term is
				defined in Iowa Code section
				702.17.
"Sex offender"
means a person who is required
				to be registered under Iowa Code chapter 692A.
"Sex offense"
means an indictable offense for
				which a conviction has been entered that is enumerated in Iowa Code section
				692A.102 and means any comparable offense for which a conviction has been
				entered under prior law, or any comparable offense for which a conviction has
				been entered in a federal, military, or foreign court, or another
				jurisdiction.
"Sex offense against a minor"
means an offense
				for which a conviction has been entered for a sex offense classified as a tier
				I, tier II, or tier III offense under this chapter if such offense was
				committed against a minor or otherwise involves a minor.
"Sexually violent offense"
means an offense
				for which a conviction has been entered for any of the following indictable
				offenses:
1. Sexual abuse as defined under Iowa Code section
				709.1.
2. Assault with intent to commit sexual abuse in violation of
				Iowa Code section
				709.11.
3. Sexual misconduct with offenders and juveniles in violation
				of Iowa Code section
				709.16.
4. Any of the following offenses, if the offense involves
				sexual abuse or assault with intent to commit sexual abuse: murder, attempted
				murder, kidnapping, burglary, or manslaughter.
5. A criminal offense committed in another jurisdiction,
				including a conviction in a federal, military, or foreign court, which would
				constitute an indictable offense under paragraphs "1" through "4" if committed
				in this state.
"Sexually violent predator"
means a sex
				offender who has been convicted of an offense which would qualify the offender
				as a sexually violent predator under the federal Violent Crime Control and Law
				Enforcement Act of 1994, 42 U.S.C. Sections 14071(a)(3)(B), (C), (D), and
				(E).
"SORNA"
means the Sex Offender Registration
				and Notification Act, which is Title I of the federal Adam Walsh Child
				Protection and Safety Act of 2006.
"Student"
means a sex offender who enrolls in
				or otherwise receives instruction at an educational institution, including a
				public or private elementary school, secondary school, trade or professional
				school, or institution of higher education. "Student" does not mean a sex
				offender who enrolls in or attends an educational institution as a
				correspondence student, distance-learning student, or any other form of
				learning that occurs without the person's physical presence on the real
				property of an educational institution.
"Superintendent"
means the superintendent or
				superintendent's designee of a public school or the authorities in charge of a
				nonpublic school.
"Tier I offender"
means a registrant who has
				been convicted of one or more of the offenses enumerated in Iowa Code section
				692A.102(1)
"a."
"Tier II offender"
means a registrant who has
				been convicted of one or more of the offenses identified in Iowa Code section
				692A.102(1)
"b"
and is not a "tier I offender."
"Tier III offender"
means a registrant who has
				been convicted of one or more of the offenses enumerated in Iowa Code section
				692A.102(1)
"c"
and is not a "tier I offender" or a "tier II
				offender."
"Vehicle"
means a vehicle owned or operated by
				an offender, including but not limited to a vehicle for personal or
				work-related use, and including a watercraft or aircraft, that is subject to
				registration requirements under Iowa Code chapter 321, 328, or
				462A.