Title 18 — CRIMES AND PUNISHMENTS

18-8301. Short title. This chapter shall be known and may be cited as the "Sexual Offender Registration Notification and Community Right-to-Know Act."

18-8302. Findings. The legislature finds that sexual offenders present a danger and that efforts of law enforcement agencies to protect their communities, conduct investigations and quickly apprehend offenders who commit sexual offenses are impaired by the lack of current informa…

18-8303. Definitions. As used in this chapter: (1) "Aggravated offense" means any of the following crimes: 18-1506A (ritualized abuse of a child); 18-1508 (lewd conduct); 18-4003(d) (murder committed in the perpetration of rape); 18-4502 (first-degree kidnapping committed for the…

18-8304. Application of chapter — rulemaking authority. (1) The provisions of this chapter shall apply to any person who: (a) On or after July 1, 1993, is convicted of the crime, or an attempt, a solicitation, or a conspiracy to commit a crime provided for in section 18-909 (assa…

18-8305. Central registry — Notice to agencies. (1) The department shall establish and maintain a central sexual offender registry separate from other records maintained by the department. The information contained in the registry shall be in digital form or include links or iden…

18-8306. Notice of duty to register and initial registration. (1) When a person is sentenced for an offense identified in section 18-8304, Idaho Code, the prosecuting attorney shall seek and the court shall order a designated law enforcement agency to immediately photograph that …

18-8307. Registration. (1) Registration shall consist of a form provided by the department and approved by the attorney general, which shall be signed by the offender and shall require the information set forth in subsection (1) of section 18-8305, Idaho Code. (2) At the time of …

18-8308. Verification of address and electronic monitoring of violent sexual predators. (1)(a) The address or physical residence of an offender designated as a violent sexual predator shall be verified by the department between registrations. (b) The procedure for verification sh…

18-8309. duty to update registration information. (1) If an offender subject to registration changes his or her name, street address or actual address, employment or student status, the offender shall appear in person within two (2) working days after the change at the office of …

18-8310. Release from registration requirements — Expungement. (1) Registration under this act is for life; however, any offender, other than a recidivist, an offender who has been convicted of an aggravated offense, or an offender designated as a violent sexual predator, may, af…

18-8310A. district court to release from registration requirements — expungement. Any person who was convicted under section 18-6101 1., Idaho Code, as it existed before July 1, 2010, where such person would not have been convicted under section 18-6101(1) or (2), Idaho Code, may…

18-8311. Penalties. (1) An offender subject to registration who knowingly fails to register, verify his address, or provide any information or notice as required by this chapter shall be guilty of a felony and shall be punished by imprisonment in the state prison system for a per…

18-8312. Sexual offender management board — Appointment — Terms — Vacancies — Chairman — Quorum — Qualifications of members — Compensation of members. (1) A sexual offender management board is hereby created within the Idaho department of correction. The board shall consist of te…

18-8313. Removal of board members. The governor may remove members of the board for reasons of inefficiency, neglect of duty, malfeasance in office, commission of a felony or inability to perform the duties of office.

18-8314. Powers and duties of the sexual offender management board. (1) The board shall develop, advance and oversee sound sexual offender management policies and practices statewide as demonstrated by evidence-based best practices. (2) The board shall carry out the following dut…

18-8315. Compliance with open meetings law. All meetings of the board shall be held in accordance with the open meetings law as provided in chapter 2, title 74, Idaho Code.

18-8316. Requirement for psychosexual evaluations upon conviction. If ordered by the court, an offender convicted of any offense listed in section 18-8304, Idaho Code, may submit to an evaluation to be completed and submitted to the court in the form of a written report from a ce…

18-8318. Offender required to pay for psychosexual evaluation. The offender shall be required to pay for the cost of the psychosexual evaluations performed under this chapter, unless the offender demonstrates indigency. In such case, the psychosexual evaluation performed pursuant…

18-8323. Public access to sexual offender registry information. Information within the sexual offender registry collected pursuant to this chapter is subject to release only as provided by this section. (1) The department or sheriff shall provide public access to information cont…

18-8324. Dissemination of registry information. (1) The department shall, within three (3) business days, disseminate any registration information collected under this chapter, including any changes in registry information, to: (a) The attorney general of the United States for in…

18-8325. Exemption from civil liability. (1) No person or governmental entity, other than those specifically charged in this chapter with a duty to collect information under this chapter regarding registered sexual offenders, has a duty to inquire, investigate or disclose any inf…

18-8326. Penalties for vigilantism or other misuse of information obtained under this chapter. Any person who uses information obtained pursuant to this chapter to commit a crime or to cause physical harm to any person or damage to property shall be guilty of a misdemeanor and, i…

18-8327. Adult criminal sex offender — Prohibited employment. (1) Except as provided in section 18-8328, Idaho Code, it is a felony for any person to: apply for or to accept employment at a day care center, group day care facility or family day care home; or to be upon or to rema…

18-8328. Action for relief by offender or juvenile offender. Any person who is required to register pursuant to chapter 83, title 18, Idaho Code, or chapter 84, title 18, Idaho Code, may file a petition in a district court in the judicial district where the person resides, to hav…

18-8329. Adult criminal sex offenders — Prohibited access to school children — Exceptions. (1) If a person is currently registered or is required to register under the sex offender registration act as provided in chapter 83, title 18, Idaho Code, it is a misdemeanor for such pers…

18-8331. Adult criminal sex offenders — Prohibited group dwelling — Exceptions. (1) Except as otherwise provided in this section, when a person is required to register pursuant to this chapter, that person may not reside in any residential dwelling unit with more than one (1) oth…