Fifty State Survey of Adult Sex Offender Registration Requirements. NIC/WCL Project on Addressing Prison Rape ALABAMA

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1 ALABAMA Registrable Offenses (Alabama) Offenses for Which Registration is Required Pursuant to ALA. CODE 13A : Production of obscene material - ALA. CODE 13A (West 2008) Rape (2nd degree) - ALA. CODE 13A-6-62 (West 2008) Sodomy (1st degree) - ALA. CODE 13A-6-63 (West 2008) Sodomy (2nd degree) - ALA. CODE 13A-6-64 (West 2008) Sexual misconduct - ALA. CODE 13A-6-65 (West 2008) Indecent Exposure - ALA. CODE 13A-6-68 (West 2008) Promoting Prostitution (1st degree) - ALA. CODE 13A (West 2008) Promoting prostitution (2nd degree) - ALA. CODE 13A (West 2008) Public display of obscene bumper sticker, sign or writing - ALA. CODE 13A (West 2008) Incest - ALA. CODE 13A-13-3 (West 2008) Offenses Requiring Registration and Community Notification Pursuant to ALA. CODE : Sodomy (1st degree) - ALA. CODE 13A-6-63 (West 2008) Sodomy (2nd degree) - ALA. CODE 13A-6-64 (West 2008) Rape (1st degree) - ALA. CODE 13A-6-61 (West 2008). Rape (2nd degree), provided that a sentencing court may exempt a juvenile criminal sex offender or youthful offender criminal sex offender who is 16 years of age or older for engaging in sexual intercourse with a member of the opposite sex who is between the ages of 12 and 16 - ALA. CODE 13A-6-62 (West 2008). Sexual torture - ALA. CODE 13A (West 2008). 1 Electronic copy available at:

2 Registrable Offenses Cont d (Alabama) Sex Offender Registration Required for Staff Sexual Misconduct? (Alabama) Sexual abuse (1st degree) - ALA. CODE 13A-6-66 (West 2008). Sexual abuse (2nd degree) - ALA. CODE 13A-6-67 (West 2008). Enticing a child for immoral purposes - ALA. CODE 13A-6-69 (West 2008). Promoting Prostitution (1st degree) - ALA. CODE 13A (West 2008). Promoting prostitution (2nd degree) - ALA. CODE 13A (West 2008). Dissemination or display of obscene material - ALA. CODE 13A (West 2008). Possession of obscene matter - ALA. CODE 13A (West 2008). Permitting or allowing a child to engage in production of obscene material - ALA. CODE 13A (West 2008). Production of obscene material - ALA. CODE 13A (West 2008). Kidnapping (1st degree) of a minor, except by a parent - ALA. CODE 13A-6-43 (West 2008). Kidnapping (2nd degree) of a minor, except by a parent - ALA. CODE 13A-6-44 (West 2008). Incest - ALA. CODE 13A-13-3 (West 2008). Soliciting a child by computer for the purposes of committing a sexual act - ALA. CODE 13A (West 2008). Transmission of obscene material to a child - ALA. CODE 13A (West 2008). Any solicitation, attempt, or conspiracy to commit any of the offenses listed above. Any crime committed in any state or a federal, military, Indian, or a foreign country jurisdiction which, if it had been committed in this state under the current provisions of law, would constitute an offense listed above. NO 2 Electronic copy available at:

3 Information Maintained in Sex Offender Registry (Alabama) Community Notification and Websites (Alabama) ALA. CODE (West 2008) (3) Community notification flyer. This notification shall include the following information on the criminal sex offender: name sex complete physical description address of residence address of employer (if any) address where offender attends school (if applicable) sex offense history including statement of criminal sex offense for which offender was convicted age of the offender s victim geographic area where sex offense occurred date upon which the offender will be released fingerprints photograph ALA. CODE (West 2008) (b): A community notification flyer shall be made by regular mail or hand delivered to all legal residences required by this section. In addition, any other method reasonably expected to provide notification may be utilized, including, but not limited to: o posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the released criminal sex offender, o publicizing the notice in a local newspaper, or o posting electronically, including the Internet, or other means available. 3

4 Limitations on Residency or Employment (Alabama) ALA. CODE (West 2008) (a): Adult criminal sex offenders may not live or work within 2000 feet of a school or child care facility. (b): Sex offenders may not live where a minor resides unless the offender is the parent, grandparent or stepparent of the minor. (c): Adult criminal sex offenders may not live with minor if: the offender s parental rights have been terminated the minor child was the victim of the offender, or the offender has ever been convicted of a criminal sex offense involving a child (d): No adult criminal sex offender shall willfully or knowingly come within 100 feet of any of his or her former victims, except as elsewhere provided by law, or make any visual or audible sexually suggestive or obscene gesture, sound, or communication at or to a former victim or a member of the victim's immediate family. (f): No child sex offender may loiter or work within 500 feet of a school, child care facility, playground, athletic field or facility for educating minors. Duration of Registration (Alabama) ALA. CODE (West 2008) (a) Adult criminal sex offenders are subject to registration and notification for life. ALASKA** Registrable Offenses (Alaska) 1st degree murder during commission or attempted commission of a sexual offense or kidnapping of a child under the age of 16 - ALASKA STAT (a)(3) (West 2008). 2nd degree murder during commission of sexual assault in 1st or 2nd degree or the sexual abuse of a minor 4

5 Registrable Offenses Cont d (Alaska) Sex Offender Registration Required for Staff Sexual Misconduct? (Alaska) in the 1st or 2nd degree - ALASKA STAT (a)(3) (West 2008). Sexual assault (1st degree) - ALASKA STAT (West 2008). Sexual assault (2nd degree) - ALASKA STAT (West 2008). Sexual assault (3rd degree) - ALASKA STAT (West 2008). Sexual assault (4th degree) - ALASKA STAT (West 2008). Sexual abuse of a minor (1st degree) - ALASKA STAT (West 2008). Sexual abuse of a minor (2nd degree) - ALASKA STAT (West 2008). Sexual abuse of a minor (3rd degree) - ALASKA STAT (West 2008). Sexual abuse of a minor (4th degree) - ALASKA STAT (West 2008). NOTE: 4th degree sexual abuse of minor (offender is over 18 and at least 3 years older than victim who is 16 or 17) - ALASKA STAT (a)(2) (West 2008). Incest - ALASKA STAT (West 2008). Online enticement of a minor - ALASKA STAT (West 2008). Unlawful exploitation of a minor - ALASKA STAT (West 2008). Indecent exposure (1st degree) - ALASKA STAT (West 2008). Indecent exposure (2nd degree) if victim is under 16 and offender has previous conviction for that offense - ALASKA STAT (West 2008). Distribution of child pornography - ALASKA STAT (West 2008). Possession of child pornography - ALASKA STAT (West 2008). Promoting Prostitution (1st degree) if person who was induced to engage in prostitution was 16 or 17- ALASKA STAT (West 2008). Promoting Prostitution (2nd degree) if person who was induced to engage in prostitution was 16 or 17- ALASKA STAT (a)(2) (West 2008). YES. ALASKA STAT (West 2008). Sexual assault in the first degree. 5

6 Sex Offender Registration Required for Staff Sexual Misconduct? Cont d (Alaska) (a) An offender commits the crime of sexual assault in the first degree if (1) the offender engages in sexual penetration with another person without consent of that person; (2) the offender attempts to engage in sexual penetration with another person without consent of that person and causes serious physical injury to that person; (3) the offender engages in sexual penetration with another person (A) who the offender knows is mentally incapable; and (B) who is in the offender's care (i) by authority of law; or (ii) in a facility or program that is required by law to be licensed by the state; or (4) the offender engages in sexual penetration with a person who the offender knows is unaware that a sexual act is being committed and (A) the offender is a health care worker; and (B) the offense takes place during the course of professional treatment of the victim. (b) Sexual assault in the first degree is an unclassified felony and is punishable as provided in AS ALASKA STAT (West 2008). Sexual assault in the second degree. (a) An offender commits the crime of sexual assault in the second degree if (1) the offender engages in sexual contact with another person without consent of that person; (2) the offender engages in sexual contact with a person (A) who the offender knows is mentally incapable; and (B) who is in the offender's care (i) by authority of law; or (ii) in a facility or program that is required by law to be licensed by the state; (3) the offender engages in sexual penetration with a person who the offender knows is (A) mentally incapable; 6

7 Sex Offender Registration Required for Staff Sexual Misconduct? Cont d (Alaska) (B) incapacitated; or (C) unaware that a sexual act is being committed; or (4) the offender engages in sexual contact with a person who the offender knows is unaware that a sexual act is being committed and (A) the offender is a health care worker; and (B) the offense takes place during the course of professional treatment of the victim. (b) Sexual assault in the second degree is a class B felony. A.S (West 2008) Sexual Assault in the third degree (a) An offender commits the crime of sexual assault in the third degree if the offender (1) engages in sexual contact with a person who the offender knows is (A) mentally incapable; (B) incapacitated; or (C) unaware that a sexual act is being committed; ALASKA STAT (West 2008). Sexual assault in the fourth degree. (a) An offender commits the crime of sexual assault in the fourth degree if (1) while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, the offender engages in sexual contact with a person who the offender knows is committed to the custody of the Department of Corrections to serve a term of imprisonment or period of temporary commitment; or (2) the offender engages in sexual contact with a person 18 or 19 years of age who the offender knows is committed to the custody of the Department of Health and Social Services under AS or AS and 7

8 Sex Offender Registration Required for Staff Sexual Misconduct? Cont d (Alaska) Information Maintained in Sex Offender Registry (Alaska) the offender is the legal guardian of the person. (b) Sexual assault in the fourth degree is a class A misdemeanor. A.S (b) (West 2008). (b)(1)(a) Name, address, place of employment, and date of birth (B) each conviction for a sex offense or child kidnapping for which the duty to register has not terminated under AS , the date of the sex offense or child kidnapping convictions, the place and court of the sex offense or child kidnapping convictions, and whether the sex offender or child kidnapper has been unconditionally discharged from the conviction for a sex offense or child kidnapping and the date of the unconditional discharge; if the sex offender or child kidnapper asserts that the offender or kidnapper has been unconditionally discharged, the offender or kidnapper shall supply proof of that discharge acceptable to the department; (C) all aliases used; (D) the sex offender's or child kidnapper's driver's license number; (E) the description, license numbers, and vehicle identification numbers of motor vehicles the sex offender or child kidnapper has access to, regardless of whether that access is regular or not; (F) any identifying features of the sex offender or child kidnapper; (G) anticipated changes of address; (H) a statement concerning whether the offender or kidnapper has had treatment for a mental abnormality or personality disorder since the date of conviction for an offense requiring registration under this chapter; and (I) each electronic mail address, instant messaging address, and other Internet communication identifier used by the sex offender or child kidnapper; 8

9 Community Notification and Websites (Alaska) A.S (West 2008). (h): The Department of Public Safety shall provide on the Internet website that the department maintains for the central registry of sex offenders and child kidnappers information as to how members of the public using the website may access or compile the information relating to sex offenders or child kidnappers for a particular geographic area on a map. The information may direct members to mapping programs available on the Internet and to Internet websites where information contained in the registry has already been converted to a map or geographic format. Limitations on Residency or Employment (Alaska) Duration of Registration (Alaska) None. A.S (West 2008). (a)(1): Life for offenders convicted of: an aggravated sex offense two or more sex offenses (including two or more convictions for indecent exposure before a person under the age of 16) two or more child kidnappings, or one sex offense and one child kidnapping (a)(2): 15 years for offenders convicted for a non-aggravated sex offense or a single child sex offense. (a)(2)(c): Indefinitely for a sex offender who has not supplied proof of the offender's unconditional discharge for the sex offense requiring registration. 9

10 ARIZONA Registrable Offenses (Arizona) Unlawful imprisonment, if the victim is under 18 and the offender is not the victim's parent - ARIZ. REV. STAT. ANN (West 2008). Kidnapping, if the victim is under 18 and the offender is not the victim's parent - ARIZ. REV. STAT. ANN (West 2008). Sexual abuse, if the victim is under 18 - ARIZ. REV. STAT. ANN (West 2008). Sexual conduct with a minor - ARIZ. REV. STAT. ANN (West 2008). Sexual assault - ARIZ. REV. STAT. ANN (West 2008). Molestation of a child - ARIZ. REV. STAT. ANN (West 2008). Continuous sexual abuse of a child - ARIZ. REV. STAT. ANN (West 2008). Taking a child for the purpose of prostitution - ARIZ. REV. STAT. ANN (West 2008). Child prostitution - ARIZ. REV. STAT. ANN (West 2008). Commercial sexual exploitation of a minor - ARIZ. REV. STAT. ANN (West 2008). Sexual exploitation of a minor - ARIZ. REV. STAT. ANN (West 2008). Luring a minor for sexual exploitation - ARIZ. REV. STAT. ANN (West 2008). Aggravated luring a minor for sexual exploitation- ARIZ. REV. STAT. ANN (West 2008). Sex trafficking of a minor - ARIZ. REV. STAT. ANN (West 2008). A 2nd or subsequent conviction of Indecent exposure if victim was under 15 - ARIZ. REV. STAT. ANN (B) (West 2008). A 2nd or subsequent conviction of Public sexual indecency if victim was under 15 - ARIZ. REV. STAT. ANN (B) (West 2008). A 3rd or subsequent conviction of indecent exposure - ARIZ. REV. STAT. ANN (West 2008). A 3rd or subsequent conviction of public sexually indecency - ARIZ. REV. STAT. ANN (West 2008). Failure of registered offender to notify of a change of residence - ARIZ. REV. STAT. ANN (West 2008). 10

11 Registrable Offenses Cont d (Arizona) Failure of a person subject to registration to register as a sex offender - ARIZ. REV. STAT. ANN (West 2008). In addition, the court may require any person convicted of any sex offense or of child sexual exploitation to register if there was a finding of sexual motivation Sex Offender Registration Required for Staff Sexual Misconduct? (Arizona) Information Maintained in Sex Offender Registry (Arizona) Community Notification and Websites (Arizona) NO ARIZ. REV. STAT (West 2008). (H): name physical location and address of the offender s residence name of the owner of the offender s residence location and number of any post office boxes used by the offender all aliases fingerprints photograph of offender enrollment or employment status at a public or private institution of postsecondary education (if applicable) A.R.S (West 2008). (A): Within seventy-two hours after a person who was convicted as a sex offender shall provide all of the following information to the department of public safety by entering all of the following information into the sex offender profile and notification database: 11

12 Community Notification and Websites (Arizona) o the offender's identifying information. o a risk assessment of the offender. o the offender's date of release from confinement or, if the offender is sentenced to probation without jail time, the date the sentence is imposed. (B). The information from subsection A is then forwarded to the sheriff in the county where the person is registered. (C). After receiving the information pursuant to subsection B of this section, the sheriff shall forward the information to the chief law enforcement officer of the community in which the person resides. After reviewing the information received and any other information available to the local law enforcement agency, the local law enforcement agency shall categorize each offender and place each offender into a notification level. Within forty-five days, the local law enforcement agency shall notify the community of the offender's presence in the community pursuant to the guidelines established by the community notification guidelines committee. If the community does not have a chief law enforcement officer, the sheriff shall perform the duties of the local law enforcement agency. Limitations on Residency or Employment (Arizona) Duration of Registration (Arizona) None. A.R.S (West 2008). (M) 10 years for persons convicted for a single offense of unlawful imprisonment or kidnapping of a minor. Life for persons with prior convictions for any registrable offense. ARKANSAS** 12

13 Registrable Offenses (Arkansas) Rape - ARK. CODE ANN (West 2008). Sexual indecency with a child - ARK. CODE ANN (West 2008). Sexual assault (1st degree) - ARK. CODE ANN (West 2008). Sexual assault (2nd degree) - ARK. CODE ANN (West 2008). Sexual assault (3rd degree) - ARK. CODE ANN (West 2008). Sexual assault (4th degree) - ARK. CODE ANN (West 2008). Incest - ARK. CODE ANN (West 2008). Engaging children in sexual explicit conduct for use in visual or print medium - ARK. CODE ANN (West 2008). Transportation of minors for prohibited sexual conduct - ARK. CODE ANN (West 2008). Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child - ARK. CODE ANN (West 2008). Employing or consenting to use of a child in a sexual performance - ARK. CODE ANN (West 2008). Producing, directing or promoting sexual performance - ARK. CODE ANN (West 2008). Promoting prostitution (1st degree) - ARK. CODE ANN (West 2008). Stalking when ordered by the court to register as a sex offender - ARK. CODE ANN (West 2008). Indecent exposure, if a felony level offense - ARK. CODE ANN (West 2008). Exposing another person to HIV when ordered by the court to register as a sex offender - ARK. CODE ANN (West 2008). Kidnapping, when the victim is a minor and the offender is not the parent of the victim - ARK. CODE ANN (a) (West 2008). False imprisonment (1st and 2nd degree), when the victim is a minor and the offender is not the parent of the victim - ARK. CODE ANN , -104 (West 2008). Permitting abuse of a child - ARK. CODE ANN (West 2008). Computer child pornography - ARK. CODE ANN (West 2008). Computer exploitation of a child - ARK. CODE ANN (West 2008). Permanent detention or restraint when the offender is not the parent of the victim - ARK. CODE ANN. 5-13

14 Registrable Offenses Cont d (Arkansas) Sex Offender Registration Required for Staff Sexual Misconduct? (Arkansas) YES (West 2008). Distributing, possessing or viewing matter depicting sexually explicit conduct involving a child - ARK. CODE ANN (West 2008). The attempt, solicitation or conspiracy to commit any of the offenses enumerated Staff Members, in their professional capacity, who are convicted of sexual assault in the first, second or third degree are required to register as sex offenders. A.C.A (West 2008) Sexual assault in the first degree. (a) A person commits sexual assault in the first degree if the person engages in sexual intercourse or deviate sexual activity with another person who is less than eighteen (18) years of age and is not the actor's spouse and the actor is: (1) Employed with the Department of Correction, the Department of Community Correction, the Department of Health and Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Department of Correction, the Department of Community Correction, the Department of Health and Human Services, any city or county jail or juvenile detention facility, or their contractors or agents; (2) A professional under (b) and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or (3) An employee in the victim's school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim. (b) It is no defense to a prosecution under this section that the victim consented to the conduct. (c) It is an affirmative defense to a prosecution under subdivision (a)(3) of this section that the actor was not more than three (3) years older than the victim. 14

15 Sex Offender Registration Required for Staff Sexual Misconduct? Cont d (Arkansas) A.C.A (West 2008) Sexual assault in the second degree (4)(A) Engages in sexual contact with another person who is less than eighteen (18) years of age and the actor is: (i) Employed with the Department of Correction, Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (ii) A professional under (b) and is in a position of trust or authority over the minor; or (iii) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor. (4)(B) For purposes of subdivision (a)(4)(a) of this section, consent of the minor is not a defense to a prosecution; (6) Is a teacher in a public school in a grade kindergarten through twelve (K-12) and engages in sexual contact with another person who is: (A) A student enrolled in the public school; and (B) Less than twenty-one (21) years of age. A.C.A (West 2008) Sexual assault in the third degree (a) A person commits sexual assault in the third degree if the person: (1) Engages in sexual intercourse or deviate sexual activity with another person who is not the actor's spouse, and the actor is: (A) Employed with the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail; (B) Employed or contracted with or otherwise providing services, supplies, or supervision to an agency maintaining custody of inmates, detainees, or juveniles, and the victim is in the custody of the Department of 15

16 Sex Offender Registration Required for Staff Sexual Misconduct? Cont d (Arkansas) Information Maintained in Sex Offender Registry (Arkansas) Correction, Department of Community Correction, Department of Human Services, or any city or county jail; or (C) A professional under (b) or a member of the clergy and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; A.C.A (West 2008) (b) The registration file required by this subchapter shall include: (1) The offender's full name and all aliases that the offender has used or under which the offender has been known; (2) Date of birth; (3) Sex; (4) Race; (5) Height; (6) Weight; (7) Hair and eye color; (8) Address of any temporary residence; (9) Anticipated address of legal residence; (10) Driver's license number or state identification number, if available; (11) Social security number; (12) Place of employment, education, or training; (13) Photograph, if not already obtained; (14) Fingerprints, if not already obtained; (15) Date of arrest, arresting agency, offense for which convicted or acquitted, and arrest tracking number for each adjudication of guilt or acquittal on the grounds of mental disease or defect; (16) A brief description of the crime or crimes for which registration is required; (17) The registration status of the offender as a sexually violent predator, aggravated sex offender, or sex offender; (18) A statement in writing signed by the offender acknowledging that the offender has been advised of 16

17 Information Maintained in Sex Offender Registry Cont d (Arkansas) Community Notification and Websites (Arkansas) Limitations on Residency or Employment (Arkansas) the duty to register imposed by this subchapter; and (19) Any other information that the center deems necessary, including, but not limited to: (A) Criminal and corrections records; (B) Nonprivileged personnel records; (C) Treatment and abuse registry records; and (D) Evidentiary genetic markers. (c) Certain information such as social security number, driver's license number, employer, information that may lead to identification of the victim, and the like may be excluded from the information that is released during the course of notification. A.C.A (West 2008) (b): In accordance with guidelines promulgated by the Sex Offenders Assessment Committee, local law enforcement agencies having jurisdiction shall disclose relevant and necessary information regarding sex offenders to the public when the disclosure of such information is necessary for public protection. A.C.A (West 2008) Registered offender living near school, public park, youth center, or daycare prohibited (a) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, et seq., and who has been assessed as a Level 3 or Level 4 offender to reside within two thousand feet (2,000 ) of the property on which any public or private elementary or secondary school, public park, youth center, or daycare facility is located. (b)(1) It is not a violation of this section if the property on which the sex offender resides is owned and occupied by the sex offender and was purchased prior to the date on which the public or private elementary or secondary school, public park, youth center, or daycare facility was established. A.C.A (West 2008) 17

18 Limitations on Residency or Employment Cont d (Arkansas) Registered offender working with children prohibited (a) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, et seq., and who has been assessed as a Level 3 or Level 4 offender to engage in an occupation or participate in a volunteer position that requires the sex offender to work or interact primarily and directly with a child under sixteen (16) years of age. A.C.A (West 2008) Registered offender living near victim or having contact with victim prohibited (b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly: (1) Reside within two thousand feet (2,000 ) of the residence of his or her victim; (c)(1) It is an affirmative defense to a prosecution for a violation of subdivision (b)(1) of this section if the property where the sex offender resides is owned and occupied by the sex offender and was purchased prior to the date on which his or her victim began residing within two thousand feet (2,000 ) of the residence of the sex offender. A.C.A (West 2008) Registered offender prohibited from entering upon school campus- (b) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter upon the campus of a public school. (c) It is not a violation of this section if the sex offender: (1) Is a minor and is a student; (2) Enters upon the campus for the purpose of attending a school-sponsored event for which an admission fee is charged or tickets are sold or distributed, a graduation ceremony, or a baccalaureate ceremony; (3) Enters upon the campus on a day that is not designated a student contact day by the school district's 18

19 Limitations on Residency or Employment Cont d (Arkansas) calendar or on a day in which no school-sponsored event is taking place upon the campus; or (4) Is the parent or guardian of a student enrolled in a public school district and enters upon the campus where the student is enrolled for the purpose of: (A) Delivering to the student medicine, food, or personal items, provided that the items are delivered directly to the school office; or (B) Attending a scheduled parent-teacher conference, provided the sex offender is escorted to and from the conference by a designated school official or employee. (d)(1) A sex offender who is the parent or guardian of a child enrolled in a public school district and wishes to enter upon the campus in which the student is enrolled for any other purpose must give reasonable notice to the school principal or his or her designee. Duration of Registration (Arkansas) A.C.A (West 2008) (a): Lifetime registration is required for a sex offender: 1. offenders convicted of an aggravated offense 2. sexually violent predators, or 3. offenders adjudicated guilty of a second or subsequent offense under a separate case number, not multiple counts of the same charge. (b)(1)(a)(i) Any other sex offender required to register under this subchapter may make application for an order terminating the obligation to register to the sentencing court fifteen (15) years after release from incarceration or other institution or fifteen (15) years after having been placed on probation or any other form of community supervision by the court. (ii) A sex offender sentenced in another state but permanently residing in Arkansas may make an application for an order terminating the obligation to register to the court of the county in which the sex offender resides. (B)(i) The court shall hold a hearing on the application at which the applicant and any interested persons 19

20 Duration of Registration (Arkansas) may present witnesses and other evidence. (ii) No fewer than twenty (20) days prior to the date of the hearing on the application, a copy of the application for termination of the obligation to register shall be served on the prosecutor of the county in which the adjudication of guilt triggering registration was obtained. Registrable Offenses (California) CALIFORNIA** Kidnapping (CAL. PENAL CODE 207, 209 (West 2008).) with the intent to commit: o Rape - CAL. PENAL CODE 261 (West 2008). o Sodomy - CAL. PENAL CODE 286 (West 2008). o Lewd or lascivious acts involving children - CAL. PENAL CODE 288 (West 2008). o Oral copulation - CAL. PENAL CODE 288a (West 2008). Penetration by foreign object - CAL. PENAL CODE 289 (West 2008). Assault with the intent to commit rape, sodomy, oral copulation, penetration by foreign object, lewd or lascivious acts involving children, or aiding or abetting a rape (Cal Pen Code 264.1) - CAL. PENAL CODE 220 (West 2008). Sexual battery of seriously disabled or medically incapacitated victims - CAL. PENAL CODE (West 2008). Rape: when the victim is incapable of giving consent; by force or fear, or in concert with force or violence; by threat of retaliation; of a drugged victim; of a victim unconscious of the nature of the act; or of a spouse by force or violence for which the offender is sentenced to the state prison; CAL. PENAL CODE 261 (West 2008). Spousal rape for which the offender is sentenced to state prison - CAL. PENAL CODE 262(a)(1) (West 20

21 Registrable Offenses Cont d (California) Fifty State Survey of Adult Sex Offender Registration Requirements 2008). Aiding or abetting a rape - CAL. PENAL CODE (West 2008). Enticing an unmarried female to a house of ill-fame for the purposes of prostitution - CAL. PENAL CODE 266 (West 2008). Inducing consent to sexual act by fraud or fear - CAL. PENAL CODE 266c (West 2008). Pimping of a minor - CAL. PENAL CODE 266h(b) (West 2008). Pandering of a minor - CAL. PENAL CODE 266i(b) (West 2008). Procurement of a child - CAL. PENAL CODE 266j (West 2008). Abduction of a minor for prostitution - CAL. PENAL CODE 267 (West 2008). Aggravated sexual assault of a child - CAL. PENAL CODE 269 (West 2008). Incest - CAL. PENAL CODE 285 (West 2008). Sodomy - CAL. PENAL CODE 286 (West 2008). Lewd or lascivious acts involving children - CAL. PENAL CODE 288 (West 2008). Oral Copulation - CAL. PENAL CODE 288a (West 2008). Penetration by foreign object - CAL. PENAL CODE 289 (West 2008). Continuous sexual abuse of a child - CAL. PENAL CODE (West 2008). Sale or distribution of obscene matter depicting person under age of 18 years engaging in sexual conduct - CAL. PENAL CODE (West 2008). Production, distribution, or exhibition of obscene matter - CAL. PENAL CODE (West 2008). Sexual exploitation of a child - CAL. PENAL CODE (West 2008). Employment of minor in sale or distribution of obscene matter or production of pornography - CAL. PENAL CODE (West 2008). Advertisement of obscene matters depicting minors - CAL. PENAL CODE (West 2008). Possession or control of child pornography - CAL. PENAL CODE (West 2008). Annoying or molesting children - CAL. PENAL CODE (West 2008). Solicitation to commit rape by force or violence, sodomy by force or violence, oral copulation by force or violence, Aiding or abetting a rape, Lewd or lascivious acts involving children, or Penetration by foreign object - CAL. PENAL CODE 653f(c) (West 2008). Indecent exposure - CAL. PENAL CODE 314(1)-(2) (West 2008). 21

22 Registrable Offenses Cont d (California) Sex Offender Registration Required for Staff Sexual Misconduct? (California) YES. Luring minor under 14 away from home to commit an offense involving lewd or lascivious conduct - CAL. PENAL CODE 272 (West 2008). Felony violation of sending harmful matter to minor by telephone messages, electronic mail, Internet, or commercial online service - CAL. PENAL CODE (West 2008). Conviction for the attempt to commit the offenses above. Any person required to register as a sex offender in another state, unless the conviction was for the equivalent of indecent exposure, unlawful sexual intercourse pursuant to Cal Pen. Code 261.5, incest, sodomy, or oral copulation, provided that the offender notifies the Dept. of Justice that the sodomy or oral copulation was between consenting adults and the Dept. is able to verify that fact. Any person convicted in any state, federal or military court of any offense that, if committed or attempted in California, would have been punishable as one or more of the offenses above. An employee or officer of a public detention facility or health care facility who engages in sexual activity specifically ) Sodomy, as defined in subdivision (a) of Section 286, Oral copulation, as defined in subdivision (a) of Section 288a, Sexual penetration, as defined in subdivision (k) of Section 289 and is convicted, is required to register as a sex offender. See, & 290. Relevant Statutes: CAL. PENAL (West 2008) (a)(1) An employee or officer or agent of a private person of a public entity health facility or entity that provides a health facility or staff for a health facility under contract with a public entity, who engages in sexual activity with a consenting adult who is confined in a health facility is guilty of a public offense. As used in this paragraph, health facility means a health facility as defined in subdivisions (b), (e), (g), (h), and (j), and subparagraph (C) of paragraph (2) of subdivision (i) of Section 1250 of the Health and Safety Code, in which the victim has been confined involuntarily. 22

23 Sex Offender Registration Required for Staff Sexual Misconduct? Cont d (California) (a)(2) An employee or officer of a public entity detention facility, or an employee, officer, or agent of a private person or entity that provides a detention facility or staff for a detention facility, or person or agent of a public or private entity under contract with a detention facility, or a volunteer of a private or public entity detention facility, who engages in sexual activity with a consenting adult who is confined in a detention facility, is guilty of a public offense. (a)(3) An employee with a department, board, or authority under the Youth and Adult Correctional Agency or a facility under contract with a department, board, or authority under the Youth and Adult Correctional Agency, who, during the course of his or her employment directly provides treatment, care, control, or supervision of inmates, wards, or parolees, and who engages in sexual activity with a consenting adult who is an inmate, ward, or parolee, is guilty of a public offense. (d) As used in this section, sexual activity means: (1) Sexual intercourse. (2) Sodomy, as defined in subdivision (a) of Section 286. (3) Oral copulation, as defined in subdivision (a) of Section 288a. (4) Sexual penetration, as defined in subdivision (k) of Section 289. (5) The rubbing or touching of the breasts or sexual organs of another, or of oneself in the presence of and with knowledge of another, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of oneself or another. (e) Consent by a confined person or parolee to sexual activity proscribed by this section is not a defense to a criminal prosecution for violation of this section. CAL. PENAL 290. Sex Offender Registration Act (c) The following persons shall be required to register: Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or 23

24 Sex Offender Registration Required for Staff Sexual Misconduct? Cont d (California) Information Maintained in Sex Offender Registry (California) military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289 CAL. PENAL CODE (West 2008) (a) A person who is subject to the Act shall register, or reregister if the person has previously registered, upon release from incarceration, placement, commitment, or release on probation pursuant to subdivision (b) of Section 290. This section shall not apply to a person who is incarcerated for less than 30 days if he or she has registered as required by the Act, he or she returns after incarceration to the last registered address, and the annual update of registration that is required to occur within five working days of his or her birthday, pursuant to subdivision (a) of Section , did not fall within that incarceration period. The registration shall consist of all of the following: (1) A statement in writing signed by the person, giving information as shall be required by the Department of Justice and giving the name and address of the person's employer, and the address of the person's place of employment if that is different from the employer's main address. (2) The fingerprints and a current photograph of the person taken by the registering official. (3) The license plate number of any vehicle owned by, regularly driven by, or registered in the name of the person. (4) Notice to the person that, in addition to the requirements of the Act, he or she may have a duty to register in any other state where he or she may relocate. (5) Copies of adequate proof of residence, which shall be limited to a California driver's license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that person's name and address, or any other information that the registering official believes is reliable. If the person has no residence and no reasonable expectation of obtaining a residence in the foreseeable future, the person shall so advise the registering official and shall sign a statement provided by the registering official stating that fact. Upon presentation of proof of residence to the registering official or a signed statement that the person has no residence, the person shall be allowed to register. If the person claims that he or she has a residence but does not have any proof of residence, he or she shall be allowed to 24

25 Information Maintained in Sex Offender Registry Cont d (California) Community Notification and Websites (California) register but shall furnish proof of residence within 30 days of the date he or she is allowed to register. CAL. PENAL (West 2008) (a)(1): Any designated law enforcement entity may provide information to the public about a person required to register as a sex offender by whatever means the entity deems appropriate, when necessary to ensure the public safety based upon information available to the entity concerning that specific person. CAL. PENAL (West 2008) (a)(1): On or before July 10, 2010, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. Limitations on Residency or Employment (California) CAL. PENAL (West 2008) (a): Registrants who apply or accept a position that has direct and unaccompanied access to minor children must disclose their status as a registrant on their application for that position or upon acceptance of the employment. (b): No registrant who has been convicted of a crime against a victim under the age of 16 may work in a position where the registrant would have direct and unaccompanied access to minor children or have supervision or disciplinary power over minor children. CAL. PENAL (b) (West 2008) Notwithstanding any other provision of law, it is unlawful for any person for whom registration is required pursuant to Section 290 to reside within 2000 feet of any public or private school or park where children regularly gather. 25

26 Duration of Registration (California) CAL. PENAL 290 (West 2008) (a)(1)(a) Sex offenders must register for life. Registrable Offenses (Colorado) COLORADO** Enticement of a child - COLO REV. STAT (West 2008). Internet luring of a child - COLO. REV. STAT (3) (West 2008). Internet sexual exploitation of a child - COLO. REV. STAT (West 2008). Sexual assault when the victim is a child less than 15 years old - COLO REV. STAT (West 2008). Sexual assault (2nd degree) when the victim is less than 15 years old - COLO REV. STAT (1)(a), (1)(b), (1)(c), (1)(d), (1)(g), (1)(h) or (1)(e) (West 2008) if the victim is less than 15 and the offender is at least 4 years older than the victim (as the law existed prior to its repeal on July 1, 2000) Unlawful sexual contact - COLO REV. STAT (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), or (1)(g) (West 2008), when the victim is a child less than fifteen years of age Sexual assault on a child - COLO REV. STAT (West 2008). Sexual assault on a child by one in a position of trust - COLO REV. STAT (West 2008). Sexual assault on a client by a psychotherapist - COLO REV. STAT (West 2008). Incest - COLO REV. STAT (West 2008). Aggravated incest - COLO REV. STAT (West 2008). Trafficking in children - COLO REV. STAT (West 2008). Sexual exploitation of a child - COLO REV. STAT (West 2008). Indecent exposure - COLO REV. STAT (West 2008). Procurement of a child for sexual exploitation - COLO REV. STAT (West 2008). Soliciting a child prostitute - COLO REV. STAT (West 2008). Pandering of a child - COLO REV. STAT (West 2008). Procurement of a child - COLO REV. STAT (West 2008). 26

27 Registrable Offenses Cont d (Colorado) Keeping a place of child prostitution - COLO REV. STAT (West 2008). Pimping of a child - COLO REV. STAT (West 2008). Inducement of child prostitution - COLO REV. STAT (West 2008). Patronizing a prostituted child - COLO REV. STAT (West 2008). Engaging in sexual conduct in a penal institution - COLO REV. STAT (West 2008). Wholesale promotion of obscenity to a minor - COLO REV. STAT (1.5) (West 2008). Promotion of obscenity to a minor - COLO REV. STAT (2.5) (West 2008). The criminal attempt, conspiracy, or solicitation to commit any of the acts listed above. Any person who was convicted on or after July 1, 1991, in another state or jurisdiction, including but not limited to a military or federal jurisdiction, of an offense that, if committed in Colorado, would constitute one of the offenses above. Any person who was released on or after July 1, 1991, from the custody of the department of corrections of this state or any other state, having served a sentence for one of the offenses above. Sex Offender Registration Required for Staff Sexual Misconduct? (Colorado) YES. A staff member convicted of violating C.R.S.A Sexual Conduct in Penal Institutions, must register as a sex offender. Note, , on its face, does not require a convicted staff member to register as a sex offender. However, a staff member convicted of an unlawful sexual behavior is required to register as a sex offender. See, Included in the enumerated offenses of unlawful sexual behavior is Engaging in sexual conduct in a penal institution under See, A staff member convicted of sexual assault under is required to register as a sex offender. A staff member who uses his position of authority to coerce the victim in custody of law to submit to a sexual act, has committed sexual assault under Assualt as defined under is an enumerated offense of 27

28 Sex Offender Registration Required for Staff Sexual Misconduct? Cont d (Colorado) unlawful sexual behavior and a resulting conviction requires a staff member to register as a sex offender. Relevant Statutes: C.R.S.A (WEST 2008) (2)(a) On and after July 1, 1994, any person who is convicted in the state of Colorado of unlawful sexual behavior or of another offense, the underlying factual basis of which involves unlawful sexual behavior, or any person who is released from the custody of the department of corrections having completed serving a sentence for unlawful sexual behavior or for another offense, the underlying factual basis of which involved unlawful sexual behavior, shall be required to register. C.R.S.A (WEST 2008) (9) Unlawful sexual behavior means any of the following offenses or criminal attempt, conspiracy, or solicitation to commit any of the following offenses: (u) Engaging in sexual conduct in a penal institution, in violation of section , C.R.S.; C.R.S.A (West 2008) (5) Sexual Conduct in Penal Institutions. (1) An employee, contract employee, or volunteer of a criminal justice facility or an individual who performs work or volunteer functions in a criminal justice facility or for the department of corrections who engages in sexual conduct with a person who is in lawful custody in a criminal justice facility commits the offense of sexual conduct in a penal institution. C.R.S.A (West 2008) Sexual Assault 28

29 Sex Offender Registration Required for Staff Sexual Misconduct? Cont d (Colorado) Information Maintained in Sex Offender Registry (Colorado) (f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search. COLO. REV. STAT (West 2008) (2) The sex offender registry shall provide, at a minimum, the following information to all criminal justice agencies with regard to registered persons: (a) Identification of a person's registration status; (b) A person's date of birth; (c) Descriptions of the offenses of unlawful sexual behavior of which a person has been convicted; (d) Identification of persons who are identified as sexually violent predators; (3)(a) In addition to the sex offender registry, the CBI shall maintain one or more interactive data base systems to provide, at a minimum, cross validation of a registrant's known names and known addresses with information maintained by the department of revenue concerning driver's licenses and identification cards issued under article 2 of title 42, C.R.S. Discrepancies between the known names or known addresses listed in the sex offender registry and information maintained by the department of revenue shall be reported through the Colorado crime information center to each local law enforcement agency that has jurisdiction over the location of the person's last-known residences. Community Notification and Websites (Colorado) C.R.S.A (West 2008) (1): The CBI shall post a link on the state of Colorado homepage on the internet to a list containing the: Names, Addresses, and Physical descriptions of certain persons and descriptions of the offenses committed by said persons. 29

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