TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 83

SEXUAL OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT-TO-KNOW ACT

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 (assault with intent to commit rape or lewd and lascivious conduct with a minor, but excluding mayhem, murder or robbery), 18-911 (battery with intent to commit rape or lewd and lascivious conduct with a minor, but excluding mayhem, murder or robbery), 18-919 (sexual exploitation by a medical care provider), 18-925 (aggravated sexual battery), 18-1505B (sexual abuse and exploitation of a vulnerable adult), 18-1506 (sexual abuse of a child under sixteen years of age), 18-1506A (ritualized abuse of a child), felony violations of 18-1507 (sexual exploitation of a child), 18-1508 (lewd conduct with a minor child), 18-1508A (sexual battery of a minor child sixteen or seventeen years of age), 18-1509A (enticing a child over the internet), 18-4003(d) (murder committed in perpetration of rape), 18-4116 (indecent exposure, but excluding a misdemeanor conviction), 18-4502 (first degree kidnapping committed for the purpose of rape or for committing any lewd and lascivious act upon any child under the age of sixteen, or for purposes of sexual gratification or arousal), 18-4503 (second degree kidnapping where the victim is an unrelated minor child), 18-5605 (detention for commercial sexual activity), 18-5609 (inducing a child into commercial sexual activity), 18-5610 (utilizing a child for commercial sexual activity), 18-5611 (inducing a child to engage in commercial sexual activity), 18-6101 (rape, but excluding 18-6101(1) where the defendant is eighteen years of age), 18-6110 (sexual contact with a prisoner), 18-6601 (incest), 18-6602 (sexual abuse of an animal), 18-6603 (sexual abuse of human remains), 18-6604 (forcible penetration by use of a foreign object), 18-6605 (video voyeurism where the victim is a minor or upon a second or subsequent conviction), 18-7804 (if the racketeering act involves kidnapping of a minor) or chapter 86, title 18 (human trafficking), Idaho Code.

(b)  On or after July 1, 1993, has been convicted of any crime, an attempt, a solicitation or a conspiracy to commit a crime in another jurisdiction, including military courts, or who has a foreign conviction that is substantially equivalent to the offenses listed in paragraphs (a) or (f) of this subsection and enters this state to establish residence or for employment purposes or to attend, on a full-time or part-time basis, any public or private educational institution including any secondary school, trade or professional institution or institution of higher education.

(c)  Has been convicted of any crime, an attempt, a solicitation or a conspiracy to commit a crime in another jurisdiction, including military courts, or who has a foreign conviction that is substantially equivalent to the offenses listed in paragraphs (a) or (f) of this subsection and was required to register as a sex offender in any other state or jurisdiction when he established residency in Idaho.

(d)  Pleads guilty to or has been found guilty of a crime covered in this chapter prior to July 1, 1993, and the person, as a result of the offense, is incarcerated in a county jail facility or a penal facility or is under probation or parole supervision, on or after July 1, 1993.

(e)  Is a nonresident regularly employed or working in Idaho or is a student in the state of Idaho and was convicted, found guilty or pleaded guilty to a crime covered by this chapter and, as a result of such conviction, finding or plea, is required to register in his state of residence.

(f)  On or after July 1, 1993, is convicted of the crime or an attempt, solicitation, or conspiracy to commit the infamous crime against nature, a felony offense formerly codified in chapter 66, title 18, Idaho Code, and whose conviction is entered before July 1, 2022.

(2)  An offender shall not be required to comply with the registration provisions of this chapter while incarcerated in a correctional institution of the department of correction, a county jail facility, committed to the department of juvenile corrections or committed to a mental health institution of the department of health and welfare.

(3)  A conviction for purposes of this chapter means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment or withheld judgment.

(4)  The department shall have authority to promulgate rules to implement the provisions of this chapter.

History:

[18-8304, added 1998, ch. 411, sec. 2, p. 1277; am. 1999, ch. 302, sec. 1, p. 754; am. 1999, ch. 349, sec. 2, p. 933; am. 2001, ch. 194, sec. 2, p. 660; am. 2003, ch. 145, sec. 2, p. 419; am. 2004, ch. 122, sec. 2, p. 411; am. 2005, ch. 233, sec. 1, p. 711; am. 2006, ch. 408, sec. 1, p. 1237; am. 2009, ch. 250, sec. 2, p. 762; am. 2010, ch. 352, sec. 7, p. 925; am. 2011, ch. 27, sec. 2, p. 68; am. 2011, ch. 311, sec. 3, p. 884; am. 2012, ch. 269, sec. 4, p. 754; am. 2012, ch. 271, sec. 1, p. 765; am. 2013, ch. 240, sec. 3, p. 567; am. 2016, ch. 296, sec. 5, p. 829; am. 2016, ch. 377, sec. 3, p. 1105; am. 2018, ch. 322, sec. 3, p. 751; am. 2019, ch. 30, sec. 2, p. 83; am. 2019, ch. 143, sec. 6, p. 494; am. 2022, ch. 124, sec. 18, p. 451; am. 2023, ch. 181, sec. 1, p. 494; am. 2024, ch. 147, sec. 47, p. 583.]