53-29-202. Registrable offenses -- Status as a sex offender, kidnap offender, and child abuse offender established.
(1) An individual is an offender described in Subsectionand subject to the requirements, restrictions, and penalties described in this chapter if the individual: (2) has been convicted in this state of: aggravated child abuse under Subsectionor; 76-5-109.2(3)(a) (b) child torture under Section; 76-5-109.4 a felony or class A misdemeanor violation of enticing a minor under Section; 76-5-417 sexual exploitation of a vulnerable adult under Section; 76-5b-202 human trafficking for commercial sexual exploitation under Section; 76-5-308.1 human trafficking of a child for commercial sexual exploitation under Section; 76-5-308.6 aggravated human trafficking for commercial sexual exploitation under Section; 76-5-310.2 human trafficking of a vulnerable adult for commercial sexual exploitation under Section; 76-5-312 unlawful sexual activity with a minor under Section, except as provided in Subsectionor; 76-5-401 76-5-401(3)(b) (c) sexual abuse of a minor under Section, on the individual's first offense unless the individual was younger than 21 years old at the time of the offense then on the individual's second offense; 76-5-401.1 unlawful sexual conduct with a 16 or 17 year old under Section; 76-5-401.2 rape under Section; 76-5-402 rape of a child under Section; 76-5-402.1 object rape under Section; 76-5-402.2 object rape of a child under Section; 76-5-402.3 a felony violation of forcible sodomy under Section; 76-5-403 sodomy on a child under Section; 76-5-403.1 forcible sexual abuse under Section; 76-5-404 sexual abuse of a child under Section; 76-5-404.1 aggravated sexual abuse of a child under Section; 76-5-404.3 aggravated sexual assault under Section; 76-5-405 custodial sexual relations under Section, if the victim in custody is younger than 18 years old and the offense is committed on or after May 10, 2011; 76-5-412 sexual exploitation of a minor under Section; 76-5b-201 aggravated sexual exploitation of a minor under Section; 76-5b-201.1 sexual extortion under Section; 76-5b-204 aggravated sexual extortion under Section; 76-5b-204.1 possession of apparent child sexual abuse material under Section; 76-5b-207 distribution of apparent child sexual abuse material under Section; 76-5b-208 unlawful activity regarding obscene material depicting the sexual abuse of a minor under Section; 76-5b-209 incest under Section; 76-7-102 lewdness under Section, if the individual has been convicted of the offense four or more times; 76-5-419 sexual battery under Section, if the individual has been convicted of the offense four or more times; 76-5-418 any combination of convictions of lewdness under Section, and of sexual battery under Section, that total four or more convictions; 76-5-419 76-5-418 lewdness involving a child under Section; 76-5-420 a felony or class A misdemeanor violation of: voyeurism under Section; 76-12-306 recorded or photographed voyeurism under Section; or 76-12-307 distribution of images obtained through voyeurism under Section; 76-12-308 aggravated exploitation of prostitution under Section; 76-5d-208 kidnapping under Subsectionor, if the offender was not the parent of the child victim; 76-5-301(2)(c) (d) child kidnapping under Section, if the offender was not the parent of the child victim; 76-5-301.1 aggravated kidnapping under Section, if the offender was not the parent of the child victim; 76-5-302 human trafficking for labor under Section, if the offender was not the parent of the child victim; 76-5-308 human trafficking of a child for labor under Section, if the offender was not the parent of the child victim; 76-5-308.5 aggravated human trafficking for labor under Section, if the offender was not the parent of the child victim; 76-5-310 human trafficking of a vulnerable adult for labor under Section, if the offender was not the parent of the child victim; 76-5-311 human smuggling under Section, if the offender was not the parent of the child victim; 76-5-316 aggravated human smuggling under Section, if the offender was not the parent of the child victim; or 76-5-317 attempting, soliciting, or conspiring to commit a felony violation of an offense listed in Subsectionsthrough (xlv); (1)(a)(i) has been convicted of a criminal offense, or an attempt, solicitation, or conspiracy to commit a criminal offense in an external jurisdiction that is substantially equivalent to the offense listed in Subsection; and (1)(a) is a Utah resident; or is not a Utah resident and is in this state for a total of 10 days in a 12-month period, regardless of whether the individual intends to permanently reside in this state; is required to register on a registry in an external jurisdiction for individuals who have committed an offense listed in Subsectionor a substantially equivalent offense; (1)(a) is ordered by a court to register on a registry for individuals who have committed an offense listed in Subsectionor a substantially equivalent offense; or (1)(a) would be required to register on a registry in an external jurisdiction for individuals who have committed an offense listed in Subsection, or a substantially equivalent offense, if residing in the external jurisdiction of the conviction regardless of the date of the conviction or a previous registration requirement; and (1)(a) is in this state for a total of 10 days in a 12-month period, regardless of whether the individual intends to permanently reside in this state; is a nonresident regularly employed or working in this state; or is a student in this state; and is convicted of an offense listed in Subsectionor a substantially equivalent offense in an external jurisdiction; or (1)(a) is required to register on a sex, kidnap, and child abuse registry, or an equivalent registry, in the individual's state of residence based on a conviction for an offense that is not substantially equivalent to an offense listed in Subsection; (1)(a) is found not guilty by reason of insanity in this state or in an external jurisdiction of an offense listed in Subsectionor a substantially equivalent offense; or (1)(a) is adjudicated under Sectionfor one or more offenses listed in Subsection; and 80-6-701 (1)(a) has been committed to the division for secure care, as defined in Section, for that offense if: 80-1-102 the individual remains in the division's custody until 30 days before the individual's 21st birthday; the juvenile court extended the juvenile court's jurisdiction over the individual under Sectionand the individual remains in the division's custody until 30 days before the individual's 25th birthday; or 80-6-605 the individual is moved from the division's custody to the custody of the department before expiration of the division's jurisdiction over the individual.
(2) Subject to Subsection, an individual is: (3) a child abuse offender if the individual: has committed, attempted, solicited, or conspired to commit an offense described in Subsectionthrough; or (1)(a)(i) (ii) meets a requirement described in Subsectionsthroughfor an offense described in Subsectionthroughor a substantially equivalent offense; (1)(b) (e) (1)(a)(i) (ii) a sex offender if the individual: has committed, attempted, solicited, or conspired to commit an offense described in Subsectionsthrough (xxxvi); or (1)(a)(iii) meets a requirement described in Subsectionsthroughfor an offense described in Subsectionsthrough (xxxvi) or a substantially equivalent offense; or (1)(b) (e) (1)(a)(iii) a kidnap offender if the individual: has committed, attempted, solicited, or conspired to commit an offense described in Subsections (1)(a)(xxxvii) through (xlv); or meets a requirement described in Subsectionsthroughfor an offense described in Subsections (1)(a)(xxxvii) through (xlv) or a substantially equivalent offense. (1)(b) (e)
(3) An individual who has committed a registrable offense described in Subsectionin an external jurisdiction that is not substantially equivalent to an offense described in Subsectionand is required to register on a sex, kidnap, and child abuse registry, or an equivalent registry, in the individual's state of residence is a child abuse offender, sex offender, or kidnap offender based on the individual's status on the registry in the individual's state of residence. (1)(d)(ii)(B) (1)(a)
(4) Notwithstanding Subsection, a plea of guilty or nolo contendere to a charge of sexual battery or lewdness that is held in abeyance under Title, Pleas in Abeyance, is the equivalent of a conviction even if the charge is subsequently reduced or dismissed in accordance with the plea in abeyance agreement. 53-29-101(5)(a) 77, Chapter 2a