(a) Any person who is convicted for a second time for any of the offenses listed in 46.2801, regardless of when the prior qualifying conviction occurred and regardless of whether the prior conviction for an offense covered by this chapter resulted in registration in the jurisdiction of conviction or who is convicted a first time of any of the following offenses involving a victim of any age:
46.3604(b) Rape, inflicting serious physical injury or utilizing or displaying a deadly weapon in a threatening manner; 46.3610(b) Sexual assault inflicting serious physical injury on any person or while displaying a deadly weapon in a threatening manner; 46.3611(b) Sodomy, inflicting serious physical injury on any person or while displaying a deadly weapon in a threatening manner; 46.3612(b) Deviate sexual assault inflicting serious physical injury on any person or while displaying a deadly weapon in a threatening manner; 46.3616(b) Sexual abuse in the first degree, inflicting serious physical harm or displaying a deadly weapon in a threatening manner; or 46.3618 Child molesting (victim is minor of twelve years or under) is considered a sexually violent predator, and is required for the remainder of their life upon release from prison, being placed on parole, supervised release, or probation, to notify the Department of Public Safety, corrections division warden, of any change of residence within ten (10) days of the change of address. This requirement includes being out of the Territory for a period of over six (6) months.
Any person convicted of the offenses set forth above who fails to register, or fails to notify the Department of Public Safety, corrections division warden within ten (10) days of any change in residence, including being out of the Territory of American Samoa, is guilty of a crime, and upon conviction may be sentenced as for a class C felony. (b) Any person who is required to register under subsection (a) above is also required to notify the Department of Public Safety, corrections division warden, within 10 days of the registrant’s commencement, termination or current enrollment or employment at any institution of higher learning within the territory. Any person who fails to provide timely notification in compliance with this subsection is guilty of a crime, and upon conviction may be sentenced as for a class A misdemeanor. (c) The lifetime registration of sexually violent predators shall be administered in accordance with the provisions of 46.2801(c) (1-9), and the registry file shall include any record of psychological treatment. (d) The High Court may designate and judge any person convicted of any of the offenses in 46.2801 as sexually violent predator or aggravated offender without the necessity of a second offense, and require the offender to register on a lifetime basis in consideration of the offender’s criminal history, treatment received, and expert testimony of psychiatric, law enforcement or victim advocacy witnesses.
History: 1999, PL 26-7.