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UT: Amendment to lower time on Sex Offender Registry on House floor

SALT LAKE CITY — Amendments to HB16 would allow those who have been charged with crimes like voyeurism or “enticing a minor” to be dropped from the Sex Offender Registry in five years instead of 10.

“Almost everyone is the legislature knows someone in this situation and has been asked to please do something about it,” said Rep. Jack Draxler, R-North Logan.

For the past five years, Draxler has been trying to make amendments to get sex offenders charged with lesser crimes off the list quicker than other sex offenders with more serious crimes. Right now there are two registries in Utah: a lifetime and a 10-year registry. Full Article

Join the discussion

  1. Jason

    Interesting looking at pictures of naked teenagers is considered worse than actually trying to have sex with one.

  2. A. Simon

    I am presently challenging the sex offender registration with a writ of habeas corpus in Federal Court and would welcome an amicus curiae brief.

    • James

      Dear Mr. Simon:

      How are you challenging? Where? Maybe not a case number…but that would be required for any amicus curiae brief.

      James

      • Timmmy

        I was successful in federal court.

        Registration was not part of my sentence, thus I was successful in attacking based on due process. Ten years later they are trying again with “new” laws.

        I guess back to court over the state’s “no retroactive law” clause in the state Constitution.

        Which was successful in three other states.

        • SCOTUS PLEASE WAKE UP

          What exactly were your successful doing? on what grounds did you win? Do you have a docket number?

        • Timmmy

          As I mention, due process clause of the US Constitution.
          They just came banging on my door telling me to register, or get arrested. So I sued.

          Please don’t be using Google. I am tired of my name being on the top of Google’s search engine. It’s just as bad as being on a registry. Because you got employers, and other snoops looking up your name.

          Go inside something like Find Law or those other legal sites.

          I am even thinking of taking my wife’s surname in order to skirt around the background check schemes, and court appearances to have a name change.

        • SCOTUS dont fail us now

          Sorry! i didnt mean to make your battle harder. I will use findlaw from now.

        • Timmmy

          Thanks a bunch.

        • Timmr

          You are right. Google is not a reliable research tool. it is part of the echo chamber of what is popular and what makes it into the media.

  3. USA

    Utah should be commended. As many are aware, we have thousands of registered citizens who continue to register for years, even with misdemeanors and expunged offenses. It’s truly time for Cakifornia to wake up and develop a similar approach. When the Sex Offender Management Board has recommended a tiered system in California for years and the state doesn’t act, that certainly is a problem!

    • Jason

      @USA

      I’m torn on your comment. Of course, any move the other direction should be commended, however…

      First, it sounds like there is simply an amendment on the floor. It may have no chance of passing, and this could simply be the news media trying to drum up some outrage.

      Second, even if this does pass, the Utah sex offender system is still ridiculous, like every other state. It feels like robber, who just stole everything from you saying, “Here, I’ll give this balloon back to your kid”.

      Finally, because of the shitty patchwork of laws we have, just because someone is no longer required to register in Utah, doesn’t mean that Utah can’t change their mind at any time (not punishment!) and that person still would have to be very careful for life ever crossing state lines.

      • JohnDoeUtah

        It will pass, for the last three years this same legislator has added crime to the list that qualify for the 5-year registration under certain circumstances, and they all passed.

  4. USA

    Jason, I commend your comments, but I have to disagree with your comments. I plead to a misdemeanor over 20 years ago and received summary probation/stay away from massage parlors. The charge has since been expunged. As such, I wouldn’t have had to register for the past 10 years if I lived in Utah. I’ve lost a professional license and countless other things. As such, any move to reduce registeration requirements is great news/rather it passes or not. Here in California, you register for life! I completely get your frustration, but there is an end to your registration. We don’t have this. As such, best of luck to you. I’m simply conveying I wish a tiered system was instituted here and I’ve never heard any legislator supporting registered citizens as such

    • JohnDoeUtah

      You would’ve still had to register in Utah, sorry to break it to you. They have always required you to register if you were coming from a state that required it, regardless of Utah law. Even if Utah’s version was for ten years, because California said life – it would be life in Utah.

      • TiredOfHiding

        Are you absolutely sure about this statement?

        I mean if, for example, I moved from Florida which has tons of registry restrictions. I now live in California that does NOT have these restrictions and I am living where I could NOT in Florida.

        With that stated logic I should be restricted where I live here in L.A. even though state law says I am free to live there…if the laws of the original state (Florida) take precedence.

        How can they pick and choose that way and who decides what is enforced from the state laws of the state you are no longer a resident of???

        • JohnDoeUtah

          Yes, very sure, I live here and know the law. Because they can do as they please. The restrictions do not always follow, but the time on the registry does, see my comment below.

        • SCOTUS PLEASE WAKE UP

          If this is true, it can be challenged and defeated in court under equal protection – a state cannot treat out of state offenders differently then in state offenders.

        • JohnDoeUtah

          Based on AWA, your arguement would be moot. Even if the state court found in favor, the federal would hold you to 25 years for tier 2, life for tier 3.

          Equal protection does not apply because your conviction out of state offense is not equal. This law helps some offenders, cause the elements don’t always transfer. But regardless Utah is saying you will not do less than 10 years.

        • 4sensiblepolicies

          I am fairly certain that if someone could successfully overturn a state statute requiring out of state move-in’s to comply with the state of origin requirements – the end result would be a mad rush by that state to implement the harshest regulations possible for all registrants.

          The specter of safe-havens for RC’s terrifies politicians. That is why they write that stuff in their bills. Not saying I like it, but it is reality of politics. That is why it is so important to work for change wherever you are, not on planning an escape later.

          Reality is that not too many registrants have the resources to pick up and move where conditions might be better. But this is one of those things where a person contemplating such a lawsuit may create a disaster. The worst possible outcome would be additional states adopting SORNA – which for most RC’s is an unending nightmare of oppression.

        • PK

          “Reality is that not too many registrants have the resources to pick up and move where conditions might be better.” This one does.

        • JohnDoeUtah

          Utah does not have residency restrictions, even though they once tried to pass it, and it failed. I even testified at the hearing on that one. However, there are other restrictions based on the age of your victim. If <14 years of age, you are prohibited from going to parks, daycares, schools, etc (unless you are there in a parental capacity for your natural children) If <14 years of age, you cannot be around anyone else's child who is <14, alone, unless you have signed written consent of the parents and have that document on you at all times.

        • Justice For ALL

          This does not apply to other rules (yes, this is painstakingly arbitrary) such as residency restrictions. Only eligibility on being removed (falling off) the list after a certain period of time (such as a tiered scale).

          Restrictions you must abide by according to the state laws, no different than a seat belt law being enforced in CA but not in Utah or Oregon (if they don’t have them).

          If you were convicted in a “lifetime state” where you must register for life, almost ALL states have it in the law that their tiered system does NOT apply to you.

  5. USA

    Correct (tired). Utah wouldn’t require me to register! Now, in many states, Sexual Battery is the same as rape! In Utah, it’s the non consensual touching of someone. As such, in many states, you would never have to register (i.e: Nevada). Best of luck

    • JohnDoeUtah

      Again incorrect. If you read Utah law it requires you to register if you are moving from a state where you were required to register, even if your crime does not exist in Utah. To make it better Utah requires you to register under the most restrictive of the two: thus, if you were a ten year in Colorado, but in Utah that crime is life – you will do life. If you were life in Colorado and in Utah it would be a ten year – you will do life.

      • TiredOfHiding

        So there is little point of moving to another state if you are forced to live under the “rules” of the state where the offence was committed.

        Seems like this alone is enough to constitute proof of continued PUNISHMENT.

        • PK

          However, my question is if RSO was convicted in Utah, then left and moved to California, would he still be required to register in Utah? Should he still be required to register in Utah, when the purpose of the Registry is to notify residents of the State of RSO’s who live and work near them ie protect the public correct?

          This case was brought up in NY with Doe vs. O’Donnell 2011. An RSO was convicted in NY and moved to Virginia. He got off the Registry in Virginia yet NY still makes him register in NY. Their opinion was that “the statute’s dual purposes of monitoring sex offenders’ whereabouts and aiding law enforcement in prosecuting recidivist offenders would be frustrated if a sex offender’s registration obligations were to cease when he or she moves out of the state”.

          That seems like a weak argument to me, and should be challenged on a federal level. Moreover it IS punishment.

        • Jason

          You don’t have to live under the rules of your old state, you only have to register if your old state says you had to. The rules are still those of the state you live.

        • PK

          Jason, when you say “old state” are you referring to the state where I was convicted? Your response was a little vague.

          Anyway, I think we all just speculating as we are not legal experts in the many facets of the SOR which differ in each state. Talking isn’t going to change anything. Federal Legal Action and Money will.

        • Jason

          Yes, old state was where you were convicted.

          You have to register for the length of time in the state you were convicted OR the length of time the state you currently reside in requires, whichever is longer.

          They do this because no state wants to “attract sex offenders”.

      • Justice For ALL

        I’m thinking (hoping) he means that if he resided in Utah before he committed his crime, not moving from CA to Utah after the fact. Which would make him no longer having to register since its been 20 years+.

      • Anonymous

        JohnDoeUtah when I looked at the Utah laws it appears you would only have to register if Utah also had a similiar offense. This is curious for me as my charge is Attempted S Battery for a alleged Breast Grope!. According to Utah this is only a registerable offense if you have 4 counts and appears as a Misdamenor . My charge is even lower as it was a attempt. Go figure it’s a 3rd degree felony in my state. So if it’s not even a registerable offense in Utah would any term apply? On its face it’s not registerable under Utah law.

  6. USA

    I disagree! I think your way wrong! I just checked it online. From what I’ve read, most offenses are only required to register for 10 years! Surreal. Your only required to register for life if your convicted of 2 separate offenses! Wow. Both California and South Carolina are the only 2 states requiring lifetime registration for any and all offenses. Geez, you guys have it easy. You would have to be convicted of (4) convictions of Sexual Battery to be required to register in Utah! Wow! It’s all online. Please get your facts straight or post the page. Best of luck

    • PK

      NY has lifetime for Level 2 and Level 3, but i don’t think they are a SORNA State.

    • Jason

      The relevant portion of the Utah law says “a sex offender who is convicted of an offense listed in Subsection (1)(f)(i) by another state shall register for the time period required by the state where the offender was convicted if the state’s registration period for the offense that the offender was convicted of is in excess of the ten years from completion of the sentence registration period that is required under Subsection (10)(a)”

      http://law.justia.com/codes/utah/2006/title77/77_23019.html

      This means that the only way you benefit from Utah’s relatively short registration period is if it was the state of Utah that convicted you.

      • JohnDoeUtah

        Utah Actually changed this after 2006, because I threatened to sue as my crimes are federal and they have zero jurisdiction over my crimes, and the supremacy clause rules. They bought it and changed the law.

        77-41-105(3)(b)…Except as provided in Subsections (4) and (5), and Section 77-41-106, an offender who is convicted in another jurisdiction of an offense listed in Subsection 77-41-102(9)(a) or (17)(a), a substantially similar offense, or any other offense that requires registration in the jurisdiction of conviction, shall:
        (i) register for the time period, and in the frequency, required by the jurisdiction where the offender was convicted if that jurisdiction’s registration period or registration frequency requirement for the offense that the offender was convicted of is greater than the 10 years from completion of the sentence registration period that is required under Subsection (3)(a), or is more frequent than every six months; or
        (ii) register in accordance with the requirements of Subsection (3)(a), if the jurisdiction’s registration period or frequency requirement for the offense that the offender was convicted of is less than the registration period required under Subsection (3)(a), or is less frequent than every six months.

        http://www.le.utah.gov/xcode/Title77/Chapter41/77-41-S105.html?v=C77-41-S105_2015051220150512

        Thus, in Utah you are bound to the convicting jurisdiction’s time requirement, but no less than 10 years.

    • Craig

      Texas requires most to register for life, so you are incorrect that it is only 2 states.

  7. USA

    Correct. Subsection (1) (f) (I)! Battery isn’t there. Kidnapping/rape ect is. So, some offenders is: indecent exposure/battery wouldn’t be required. Thanks

    • JohnDoeUtah

      Yes it would be. If your convicting state required it, moving to Utah would not get you removed from the registry. Plus, since you moved across state lines, you fall under the jurisdiction of the Adam Walsh Act of 2006 and would be convicted federally if you failed to register in Utah upon moving here (unless you were Tier I/II and your time had lapsed).

  8. USA

    You guys are hilarious! If you move to another state, you fall under their jurisdiction! OMG. So, i.e.: if you moved with i.e.: sexual battery or indicent exposure from California to Utah, you would be held and required to follow their laws! Duh. Learn to read Mr Sorna and other lawyers. I.e.: you guys obviously have child related offenses. If I did fall under Sorna, I would again not have to register. Battery in California is touching someone. In TX, it’s the same as rape. Verbage/read/get educated. You guys all sound rather angry and you clearly can’t handle being wrong. Your wrong!

    • JohnDoeUtah

      Highly doubtful. I don’t think any of us here are “mad” about anything. I think you may be kidding yourself. Regardless, if you are required to register where you currently live, and move to Utah – you will be required to register under Utah law, end of story. If you failed to, not only would you face state charges; but, the Federal Government would also charge you under SORNA (AWA) because you traveled in interstate commerce which places you under federal jurisdiction. This applies to all sex offenders, not just those with offenses against minors; so, I’m not sure what you are getting at or trying to say. But, I got news for you – our government doesn’t care if your crime was against an adult or child – you are a sex offender and have no rights in their eyes. Plus, this isn’t some club with child offender, adult offender cliques, we are all in this together and I suggest you realize that now before your bubble bursts.

    • Timmr

      Move to Utah, then, if you are sure, and report back to us on your new found freedom. Utah is a beautiful state.

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