Elements

76-5-412.  Custodial sexual relations -- Custodial sexual misconduct -- Definitions

(1)As used in this section:(a)"Actor" means:

(i)a correctional officer, as defined in Section 53-13-104;

(ii)a special function officer, as defined in Section 53-13-105;

(iii)a law enforcement officer, as defined in Section 53-13-103; or

(iv)an employee of, or private provider or contractor for, the Department of Corrections or a county jail.

(b)"Person in custody" means an individual, either an adult 18 years of age or older, or a minor younger than 18 years of age, who is:

(i)a prisoner, as defined in Section 76-5-101, and includes a prisoner who is in the custody of the Department of Corrections created under Section 64-13-2, but who is being housed at the Utah State Hospital established under Section 62A-15-601 or other medical facility;

(ii)under correctional supervision, such as at a work release facility or as a parolee or probationer; or

(iii)under lawful or unlawful arrest, either with or without a warrant.

(c)"Private provider or contractor" means any person or entity that contracts with the Department of Corrections or with a county jail to provide services or functions that are part of the operation of the Department of Corrections or a county jail under state or local law.

(2)(a)An actor commits custodial sexual relations if the actor commits any of the acts under Subsection (3):

(i)under circumstances not amounting to commission of, or an attempt to commit, an offense under Subsection (6); and

(ii)

(A)the actor knows that the individual is a person in custody; or

(B)a reasonable person in the actor's position should have known under the circumstances that the individual was a person in custody.

Sex Offender Registration

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DNA Specimen

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Removal from Sex Offender Registry in 5 Years

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There is a possibility of removal from the sex offender registry within 5 years of the termination of the sentence (the end of probation) under the following conditions:

The offender was convicted of:

(1) Kidnapping, and the conviction is the only conviction for which the offender is required to register;

(2) Unlawful Detention, and the conviction is the only conviction for which the offender is required to register;

(3) Unlawful sexual activity with a minor and, at the time of the offense, was not more than 10 years older than the victim; or

(4) Unlawful sexual conduct with a 16 or 17 year old, and at the time of the offense, was not more than 15 years older than the victim;

Requirements:

(b)five years have passed since the completion of the offender's sentence;

(c)the offender has successfully completed all treatment ordered by the court;

(i)the offender has not been convicted of any other crime, excluding traffic offenses, as evidenced by a certificate of eligibility issued by the bureau;

(ii) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;

(e)the offender has paid all restitution ordered by the court;

(f)the offender has complied with all the registration requirements at all times as required in this chapter, as evidenced by a document obtained by the offender from the Utah Department of Corrections, which confirms compliance; and

(g)the office that prosecuted the offender, and the victim, or if the victim is still a minor, the victim's parent, are notified and provided with an opportunity to respond in accordance with Subsection (3)(a).