(1) Except as provided in Subsection (2)(a), (3), or (4), an individual who commits a registrable offense is required to register on the registry for: (a) 10 years after the day on which the offender's sentence for the offense has been terminated if the registrable offense is for: (i) a felony or class A misdemeanor violation of enticing a minor under Section 76-5-417, if the offender enticed the minor to engage in sexual activity that is one of the offenses described in Subsections (1)(a)(ii) through (xxiv); (ii) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b); (iii) child torture under Section 76-5-109.4; (iv) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was not the parent of the child victim; (v) human trafficking for labor under Section 76-5-308, if the offender was not the parent of the child victim; (vi) human trafficking of a child for labor under Section 76-5-308.5, if the offender was not the parent of the child victim; (vii) aggravated human trafficking for labor under Section 76-5-310, if the offender was not the parent of the child victim; (viii) human trafficking of a vulnerable adult for labor under Section 76-5-311; (ix) human smuggling under Section 76-5-316, if the offender was not the parent of the child victim; (x) aggravated human smuggling under Section 76-5-317; (xi) a felony violation of unlawful sexual activity with a minor under Section 76-5-401; (xii) sexual abuse of a minor under Section 76-5-401.1; (xiii) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2; (xiv) forcible sexual abuse under Section 76-5-404; (xv) custodial sexual relations under Section 76-5-412; (xvi) sexual exploitation of a vulnerable adult under Section 76-5b-202; (xvii) sexual extortion under Section 76-5b-204; (xviii) incest under Section 76-7-102; (xix) four to seven convictions of lewdness under Section 76-5-419; (xx) four to seven convictions of sexual battery under Section 76-5-418; (xxi) any combination of convictions of lewdness under Section 76-5-419, and of sexual battery under Section 76-5-418, that total four to seven convictions; (xxii) lewdness involving a child under Section 76-5-420; (xxiii) 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; (xxiv) aggravated exploitation of prostitution under Section 76-5d-208, committed on or before May 9, 2011; (xxv) attempting, soliciting, or conspiring to commit an offense listed in Subsections(1)(a)(i) through (xxiv) if the attempt, solicitation, or conspiracy is a registrable offense; or (xxvi) attempting, soliciting, or conspiring to commit: (A) aggravated kidnapping under Section 76-5-302, if the offender was not the parent of the child victim; (B) human trafficking for commercial sexual exploitation under Section 76-5-308.1, if the offender was not the parent of the child victim; (C) human trafficking of a child for commercial sexual exploitation under Section 76-5-308.6, if the offender was not the parent of the child victim; (D) aggravated human trafficking for commercial sexual exploitation under Section 76-5-310.2, if the offender was not the parent of the child victim; (E) human trafficking of a vulnerable adult for commercial sexual exploitation under Section 76-5-312, if the offender was not the parent of the child victim; (F) forcible sodomy under Section 76-5-403; (G) sexual abuse of a child under Section 76-5-404.1; (H) sexual exploitation of a minor under Section 76-5b-201; (I) aggravated sexual exploitation of a minor under Section 76-5b-201.1; (J) aggravated sexual extortion under Section 76-5b-204.1; (K) possession of apparent child sexual abuse material under Section 76-5b-207; (L) distribution of apparent child sexual abuse material under Section 76-5b-208; (M) unlawful activity regarding obscene material depicting the sexual abuse of a minor under Section 76-5b-209; or (N) aggravated exploitation of prostitution under Section 76-5d-208, on or after May 10, 2011; or (b) the offender's lifetime if the registrable offense is: (i) a conviction for an offense described in Subsection (1)(a), if the offender has, at the time of conviction for the offense: (A) previously been convicted of an offense described in Subsection (1)(a), or a substantially equivalent offense in an external jurisdiction; or (B) previously been required to register as an offender for an offense described in Subsection (1)(a) committed as a juvenile; (ii) a following offense, including attempting, soliciting, or conspiring to commit a felony violation of: (A) child kidnapping under Section 76-5-301.1, if the offender was not the parent of the child victim; (B) rape under Section 76-5-402; (C) rape of a child under Section 76-5-402.1; (D) object rape under Section 76-5-402.2; (E) object rape of a child under Section 76-5-402.3; (F) sodomy on a child under Section 76-5-403.1; (G) aggravated sexual abuse of a child under Section 76-5-404.3; or (H) aggravated sexual assault under Section 76-5-405; (iii) aggravated kidnapping under Section 76-5-302, if the offender was not the parent of the child victim; (iv) human trafficking for commercial sexual exploitation under Section 76-5-308.1, if the offender was not the parent of the child victim; (v) human trafficking of a child for commercial sexual exploitation under Section 76-5-308.6, if the offender was not the parent of the child victim; (vi) aggravated human trafficking for commercial sexual exploitation under Section 76-5-310.2, if the offender was not the parent of the child victim; (vii) human trafficking of a vulnerable adult for commercial sexual exploitation under Section 76-5-312, if the offender was not the parent of the child victim; (viii) forcible sodomy under Section 76-5-403; (ix) sexual abuse of a child under Section 76-5-404.1; (x) sexual exploitation of a minor under Section 76-5b-201; (xi) aggravated sexual exploitation of a minor under Section 76-5b-201.1; (xii) aggravated sexual extortion under Section 76-5b-204.1; (xiii) aggravated exploitation of prostitution under Section 76-5d-208, on or after May 10, 2011; or (xiv) a felony violation of enticing a minor under Section 76-5-417, if the offender enticed the minor to engage in sexual activity that is one of the offenses described in Subsections (1)(b) (ii) through (xiii). (2) An individual who qualifies as an offender based on a conviction in an external jurisdiction for a registrable offense is required to register: (a) for the time period required by the external jurisdiction if the offender: (i) is on, or required to be on, the external jurisdiction's sex, kidnap, and child abuse registry, or an equivalent registry; or (ii) would otherwise be on the external jurisdiction's sex, kidnap, and child abuse registry, or an equivalent registry, if the individual still resided in the external jurisdiction; or (b) for the applicable time period required under Subsection (1) if the offender is not on, or required to be on, the external jurisdiction's sex, kidnap, and child abuse registry, or an equivalent registry. (3) (a) If the sentencing court at any time after an offender is convicted of an offense requiring lifetime registration described in Subsection (1)(b), and after considering the factors described in Subsection (3)(b), determines that the offender was under 21 years old at the time the offense was committed and the offense did not involve force or coercion, the requirement that the offender register for the offender's lifetime does not apply and the offender shall register for 10 years after the day on which the offender's sentence for the offense has been terminated. (b) In determining whether an offense committed by an offender involves force or coercion under Subsection (3)(a), the sentencing court shall consider: (i) the age of the victim; (ii) the vulnerability of the victim; (iii) the physical, mental, psychological, or emotional harm the victim suffered from the offense; (iv) whether the offender used fraud or deception to commit the offense; (v) if any child sexual abuse material, apparent child sexual abuse material, or obscene child sexual abuse material, as those terms are defined in Section 76-5b-103, was: (A) distributed to the victim by the offender; or (B) distributed, produced, or possessed by the offender at the time of the offense, that involved force or coercion against a victim depicted in the child sexual abuse material; and (vi) any other factor the sentencing court determines is relevant. (4) Except for an individual who is adjudicated for a registrable offense and is an offender who meets the requirements under Subsection 53-29-202(1)(f), an individual who is under 18 years old and commits a registrable offense after May 3, 2023, is not subject to registration requirements under this chapter unless the offender: (a) is charged by criminal information in juvenile court under Section 80-6-503; (b) is bound over to district court in accordance with Section 80-6-504; and (c) is convicted of a registrable offense. (5) An offender subject to the 10-year or lifetime registration requirements under Subsection (1) may petition the court for an order of removal from the registry in accordance with Section 53-29-204, 53-29-205, or 53-29-206.
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