offender established. (1) An individual is an offender described in Subsection (2) and subject to the requirements, restrictions, and penalties described in this chapter if the individual: (a) has been convicted in this state of: (i) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b); (ii) child torture under Section 76-5-109.4; (iii) a felony or class A misdemeanor violation of enticing a minor under Section 76-5-417; (iv) sexual exploitation of a vulnerable adult under Section 76-5b-202; (v) human trafficking for commercial sexual exploitation under Section 76-5-308.1; (vi) human trafficking of a child for commercial sexual exploitation under Section 76-5-308.6; (vii) aggravated human trafficking for commercial sexual exploitation under Section 76-5-310.2; (viii) human trafficking of a vulnerable adult for commercial sexual exploitation under Section 76-5-312; (ix) unlawful sexual activity with a minor under Section 76-5-401, except as provided in Subsection 76-5-401(3)(b) or (c); (x) sexual abuse of a minor under Section 76-5-401.1, 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; (xi) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2; (xii) rape under Section 76-5-402; (xiii) rape of a child under Section 76-5-402.1; (xiv) object rape under Section 76-5-402.2; (xv) object rape of a child under Section 76-5-402.3; (xvi) a felony violation of forcible sodomy under Section 76-5-403; (xvii) sodomy on a child under Section 76-5-403.1; (xviii) forcible sexual abuse under Section 76-5-404; (xix) sexual abuse of a child under Section 76-5-404.1; (xx) aggravated sexual abuse of a child under Section 76-5-404.3; (xxi) aggravated sexual assault under Section 76-5-405; (xxii) custodial sexual relations under Section 76-5-412, if the victim in custody is younger than 18 years old and the offense is committed on or after May 10, 2011; (xxiii) sexual exploitation of a minor under Section 76-5b-201; (xxiv) aggravated sexual exploitation of a minor under Section 76-5b-201.1; (xxv) sexual extortion under Section 76-5b-204; (xxvi) aggravated sexual extortion under Section 76-5b-204.1; (xxvii) possession of apparent child sexual abuse material under Section 76-5b-207; (xxviii) distribution of apparent child sexual abuse material under Section 76-5b-208; (xxix) unlawful activity regarding obscene material depicting the sexual abuse of a minor under Section 76-5b-209; (xxx) incest under Section 76-7-102; (xxxi) lewdness under Section 76-5-419, if the individual has been convicted of the offense four or more times; (xxxii) sexual battery under Section 76-5-418, if the individual has been convicted of the offense four or more times; (xxxiii) any combination of convictions of lewdness under Section 76-5-419, and of sexual battery under Section 76-5-418, that total four or more convictions; (xxxiv) lewdness involving a child under Section 76-5-420; (xxxv) a felony or class A misdemeanor violation of: (A) voyeurism under Section 76-12-306; (B) recorded or photographed voyeurism under Section 76-12-307; or (C) distribution of images obtained through voyeurism under Section 76-12-308; (xxxvi) aggravated exploitation of prostitution under Section 76-5d-208; (xxxvii) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was not the parent of the child victim; (xxxviii) child kidnapping under Section 76-5-301.1, if the offender was not the parent of the child victim; (xxxix) aggravated kidnapping under Section 76-5-302, if the offender was not the parent of the child victim; (xl) human trafficking for labor under Section 76-5-308, if the offender was not the parent of the child victim; (xli) human trafficking of a child for labor under Section 76-5-308.5, if the offender was not the parent of the child victim; (xlii) aggravated human trafficking for labor under Section 76-5-310, if the offender was not the parent of the child victim; (xliii) human trafficking of a vulnerable adult for labor under Section 76-5-311, if the offender was not the parent of the child victim; (xliv) human smuggling under Section 76-5-316, if the offender was not the parent of the child victim; (xlv) aggravated human smuggling under Section 76-5-317, if the offender was not the parent of the child victim; or (xlvi) attempting, soliciting, or conspiring to commit a felony violation of an offense listed in Subsections (1)(a)(i) through (xlv); (b) (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 (1)(a); and (ii) (A) is a Utah resident; or (B) 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; (c) (i) (A) is required to register on a registry in an external jurisdiction for individuals who have committed an offense listed in Subsection (1)(a) or a substantially equivalent offense; (B) is ordered by a court to register on a registry for individuals who have committed an offense listed in Subsection (1)(a) or a substantially equivalent offense; or (C) would be required to register on a registry in an external jurisdiction for individuals who have committed an offense listed in Subsection (1)(a), 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 (ii) 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; (d) (i) (A) is a nonresident regularly employed or working in this state; or (B) is a student in this state; and (ii) (A) is convicted of an offense listed in Subsection (1)(a) or a substantially equivalent offense in an external jurisdiction; or (B) 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); (e) is found not guilty by reason of insanity in this state or in an external jurisdiction of an offense listed in Subsection (1)(a) or a substantially equivalent offense; or (f) (i) is adjudicated under Section 80-6-701 for one or more offenses listed in Subsection (1)(a); and (ii) has been committed to the division for secure care, as defined in Section 80-1-102, for that offense if: (A) the individual remains in the division's custody until 30 days before the individual's 21st birthday; (B) the juvenile court extended the juvenile court's jurisdiction over the individual under Section 80-6-605 and the individual remains in the division's custody until 30 days before the individual's 25th birthday; or (C) 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 (3), an individual is: (a) a child abuse offender if the individual: (i) has committed, attempted, solicited, or conspired to commit an offense described in Subsection (1)(a)(i) through (ii); or (ii) meets a requirement described in Subsections (1)(b) through (e) for an offense described in Subsection (1)(a)(i) through (ii) or a substantially equivalent offense; (b) a sex offender if the individual: (i) has committed, attempted, solicited, or conspired to commit an offense described in Subsections (1)(a)(iii) through (xxxvi); or (ii) meets a requirement described in Subsections (1)(b) through (e) for an offense described in Subsections (1)(a)(iii) through (xxxvi) or a substantially equivalent offense; or (c) a kidnap offender if the individual: (i) has committed, attempted, solicited, or conspired to commit an offense described in Subsections (1)(a)(xxxvii) through (xlv); or (ii) meets a requirement described in Subsections (1)(b) through (e) for an offense described in Subsections (1)(a)(xxxvii) through (xlv) or a substantially equivalent offense. (3) An individual who has committed a registrable offense described in Subsection (1)(d)(ii)(B) in an external jurisdiction that is not substantially equivalent to an offense described in Subsection (1)(a) and 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. (4) Notwithstanding Subsection 53-29-101(5)(a), a plea of guilty or nolo contendere to a charge of sexual battery or lewdness that is held in abeyance under Title 77, Chapter 2a, 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.
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