§ 7-19-301. Definitions.
|
(a) |
Unless otherwise provided, for the purposes of this act: |
|
|
(i) |
Repealed By Laws 2007, Ch. 160, §2. |
|
(ii) |
Repealed By Laws 2007, Ch. 160, §2. |
|
(iii) |
"Convicted" includes pleas of guilty, nolo contendere, and verdicts of guilty upon which a judgment of conviction may be rendered and adjudications as a delinquent for offenses specified in W.S. 7-19-302(j). "Convicted" shall not include dispositions pursuant to W.S. 7-13-301; |
|
(iv) |
"Criminal offense against a minor" means the offenses specified in this paragraph in which the victim is less than eighteen (18) years of age. "Criminal offense against a minor" includes an offense committed in another jurisdiction, including a federal court or courts martial, which, if committed in this state, would constitute a "criminal offense against a minor" as defined in this paragraph. "Criminal offense against a minor" includes: |
|
|
(A) |
Kidnapping under W.S. 6-2-201; |
|
(B) |
Felonious restraint under W.S. 6-2-202; |
|
(C) |
False imprisonment under W.S. 6-2-203; |
|
(D) |
Offenses under W.S. 6-4-101 through 6-4-103 in which a minor is the object of the sexual act or proposed sexual act; |
|
(E) |
Producing obscene material under W.S. 6-4-302 if the offense involves the use of a minor in a sexual performance; |
|
(F) |
Soliciting sexual conduct under W.S. 6-2-318; |
|
(G) |
Sexual exploitation of a child under W.S. 6-4-303; |
|
(H) |
An attempt to commit an offense described in subparagraphs (A) through (G) of this paragraph. |
|
|
(v) |
"Department" means the state department of corrections; |
|
(vi) |
"Division" means the Wyoming division of criminal investigation created within the office of the attorney general; |
|
(vii) |
"Minor" means a person who has not attained the age of eighteen (18) years at the time of the offense; |
|
(viii) |
"Offender" means a person convicted of a criminal offense specified in W.S. 7-19-302(g) through (j), or convicted of a criminal offense from Wyoming or any other jurisdiction containing the same or similar elements, or arising out of the same or similar facts or circumstances, as a criminal offense specified in W.S. 7-19-302(g) through (j); |
|
(ix) |
"Predatory" means an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization; |
|
(x) |
"Recidivist" means an offender convicted of an offense requiring registration under this act two (2) or more times. Offenses which would have required registration under this act, but which had a sentencing date prior to January 1, 1985, shall be counted as convictions for purposes of this paragraph; |
|
(xi) |
"Reside" and words of similar import mean the physical address of each residence of an offender, including: |
|
|
(A) |
All real property owned by the offender that is used by the offender for the purpose of shelter or other activities of daily living; |
|
(B) |
Any physical address where the offender habitually visits; and |
|
(C) |
Temporary residences such as hotels, motels, public or private housing, camping areas, parks, public buildings, streets, roads, highways, restaurants, libraries or other places the offender may frequent and use for shelter or other activities of daily living. |
|
|
(xii) |
Repealed By Laws 2007, Ch. 160, §2. |
|
(xiii) |
Repealed By Laws 2007, Ch. 160, §2. |
|
(xiv) |
Repealed By Laws 2007, Ch. 160, §2. |
|
(xv) |
"This act" means W.S. 7-19-301 through 7-19-307; |
|
(xvi) |
"Attending school" means enrollment on a full or part-time basis at any institution; |
|
(xvii) |
"Employed" means any full or part-time employment, with or without compensation or other benefit, for a period of more than fourteen (14) days, or for an aggregate period exceeding thirty (30) days in any one (1) calendar year. Institutional contractors and contract employees performing work on an educational institution campus shall be considered institution employees; |
|
(xviii) |
"Educational institution" or "institution" means any type of public or private educational facility or program, including elementary, middle and high schools, parochial, church and religious schools as defined by W.S. 21-4-101(a)(iv), trade and professional schools, colleges and universities; |
|
(xix) |
"Residence" means a dwelling place with an established physical address or identifiable physical location intended for human habitation; |
|
(xx) |
"Report" means providing information in person, or by any other means authorized by the sheriff if the person is required to report to the sheriff; |
|
(xxi) |
"Working days" shall not include Saturdays, Sundays and legal holidays. |
|
(xxii) |
"Vehicle" includes any of the following that is registered under Wyoming law: |
|
|
(A) |
Aircraft as defined in W.S.10-1-101(a)(i); |
|
(B) |
Motor vehicle, commercial vehicle or trailer as defined in W.S. 31-1-101; |
|
(C) |
Watercraft as defined in W.S. 41-13-101(a)(vii). |
|
|
(xxiii) |
Words in the plural form include the singular and words in the singular form include the plural. |
|
§ 7-19-302. Registration of offenders; procedure; verification.
|
(a) |
Any offender residing in this state or entering this state for the purpose of residing, attending school or being employed in this state shall register with the sheriff of the county in which he resides, attends school or is employed, or other relevant entity specified in subsection (c) of this section. The offender shall be photographed, fingerprinted and palmprinted by the registering entity or another law enforcement agency and shall provide the following additional information when registering: |
|
|
(i) |
Name, including any aliases ever used; |
|
(ii) |
Address; |
|
(iii) |
Date and place of birth; |
|
(iv) |
Social security number; |
|
(v) |
Place and physical address of employment; |
|
(vi) |
Date and place of conviction; |
|
(vii) |
Crime for which convicted; |
|
(viii) |
The name and physical address of each educational institution in this state at which the person is employed or attending school; |
|
(ix) |
The license plate number and a description of any vehicle owned or operated by the offender; |
|
(x) |
A DNA sample. As used in this paragraph, "DNA" means as defined in W.S. 7-19-401(a)(vi); and |
|
(xi) |
The age of each victim; |
|
(xii) |
Internet identifiers, including each email address and other designations used by the offender for self-identification or routing in internet communications or postings. As used in this paragraph, "internet" means as defined in W.S. 9-2-1035(a)(iii); and |
|
(xiii) |
Any phone number at which the offender may be reached or which may be used on a frequent basis by the offender to place telephone calls. |
|
|
(b) |
In addition to the requirements of subsection (a) of this section, the department, for offenders sentenced to imprisonment, and the sheriff of the county where judgment and sentence is entered for all other offenders, shall obtain the name of the offender, identifying features, anticipated future residence, offense history and documentation of any treatment received, including prescribed psychotropic medication history, for any psychiatric condition of the offender. This information shall be transmitted to the division within three (3) working days of receipt for entry into the central registration system. A person found to be an offender by a court in another state shall provide information required under this subsection at the time of registration under this act. |
|
(c) |
Offenders required to register under this act shall register with the entities specified in this subsection and within the following time periods: |
|
|
(i) |
Offenders who, on or after July 1, 1999, are in custody of the department, local jail or a public or private agency pursuant to a court order, as a result of an offense subjecting them to registration, who are sentenced on or after January 1, 1985, shall register prior to release from custody. The agency with custody of the offender immediately prior to release shall register the offender and perform the duties specified in W.S. 7-19-305. If the offender refuses to register or refuses to provide the required information, the agency shall so notify local law enforcement before releasing the offender; |
|
(ii) |
Offenders who are convicted of an offense subjecting them to registration under this act but who are not sentenced to a term of confinement shall register immediately after the imposition of the sentence. The sheriff of the county where the judgment and sentence is entered shall register the offender and perform the related duties specified in W.S. 7-19-305 unless the offender does not reside in the county where the judgment and sentence is entered, in which case he shall register in the county in which he resides within three (3) working days; |
|
(iii) |
Offenders convicted of an offense subjecting them to registration, who, except as provided by paragraph (v) of this subsection, are sentenced on or after January 1, 1985, who reside in or enter this state for the purposes of residing and who are under the jurisdiction of the department or state board of parole or other public agency as a result of that offense shall register within three (3) working days of entering this state. The Wyoming agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to this state. Within three (3) working days after the offender arrives in this state, the Wyoming agency that has jurisdiction over the offender shall notify the county sheriff of the county in which the offender resides of the offender?s presence in the county; |
|
(iv) |
Offenders convicted of an offense subjecting them to registration, who, except as provided by paragraph (v) of this subsection, are sentenced on or after January 1, 1985, who reside in or enter this state and who are not under the jurisdiction or custody of the department, board of parole or other public agency as a result of that offense shall register within three (3) working days of entering this state if not a current resident. |
|
(v) |
Offenders convicted of an offense subjecting them to registration, whose registration requirement was added by the 2011 amendments to this act and who are sentenced after July 1, 2001 shall register as required by paragraph (iii) or (iv) of this subsection as appropriate. |
|
|
(d) |
A nonresident who is employed or attends school in this state shall register with the county sheriff of the county in which he is employed or attends school within three (3) working days of beginning employment or starting to attend school. A resident or nonresident who is employed, resides or attends school in more than one (1) location in this state, shall register with the county sheriff of each county in which he is employed, resides or attends school within three (3) working days of beginning employment, establishing a residence in this state or starting to attend school. The registration information accepted under this subsection shall be subject to the provisions of W.S. 7-19-303. |
|
(e) |
If any person required to register under this act changes his residence address within the same county, he shall provide notice of the change of address in person to the sheriff of the county in which he resides within three (3) working days of establishing the new residence. If any person required to register under this act moves to a new county in this state, he shall notify in person the county sheriff in the new county and the county sheriff of the county of his previous residence within three (3) working days of establishing the new residence. If the person changes residence to another state and that state has a registration requirement, the division shall, within three (3) working days of receipt of the information, notify the law enforcement agency with which the person must register in the new state. Any person who has not established a new residence within three (3) working days of leaving his previous residence, or becomes transient through lack of residence, shall report on a weekly basis to the sheriff in the county in which he is registered, until he establishes another residence. The information provided to a sheriff under this subsection shall be transmitted by the sheriff to the division within three (3) working days of receipt for entry into the central registry. The division shall notify the victim, or if the victim is a minor the victim's parent or guardian, within the same time period if the victim, or a minor victim's parent or guardian, has requested in writing that the division provide notification of a change of address of the offender and has provided the division a current address of the victim, parent or guardian as applicable. |
|
(f) |
An offender who changes residence to another state shall register the new address with the law enforcement agency with whom he last registered and shall also register with the designated law enforcement agency in the new state not later than three (3) working days after establishing residence in the new state. |
|
(g) |
For an offender convicted of a violation of W.S. 6-2-316(a)(i) and (iv), 6-4-303(b)(iv) or W.S. 6-4-304(b) if the victim was a minor, 18 U.S.C. §§2252B, 2252C, 2424 and 2425, an offense in another jurisdiction containing the same or similar elements, or arising out of the same or similar facts or circumstances as a criminal offense specified in this subsection or an attempt or conspiracy to commit any of the offenses specified in this subsection, the division shall annually verify the accuracy of the offender's registered address, and the offender shall annually report, in person, his current address to the sheriff in the county in which the offender resides, during the period in which he is required to register. During the annual in-person verification, the sheriff shall photograph the offender. Confirmation of the in-person verification required under this subsection, along with the photograph of the offender, shall be transmitted by the sheriff to the division within three (3) working days. Any person under this subsection who has not established a residence or is transient, and who is reporting to the sheriff as required under subsection (e) of this section, shall be deemed in compliance with the address verification requirements of this section. |
|
(h) |
For an offender convicted of a violation of W.S.6-2-304(a)(iii) if the victim was at least fourteen (14)years of age, W.S. 6-2-314(a)(ii) and (iii), 6-2-315(a)(i) and (iii), W.S. 6-2-315(a)(iv) if the victim was thirteen (13) through fifteen (15) years of age, W.S. 6-2-317(a)(i) and (ii) or 6-2-318, W.S. 6-4-102 if the person solicited was a minor, W.S. 6-4-103 if the person enticed or compelled was a minor, W.S. 6-4-302(a)(i) if the offense involves the use of a minor in a sexual performance or W.S. 6-4-303(b)(i) through (iii), 18 U.S.C. § 2251, an offense in another jurisdiction containing the same or similar elements, or arising out of the same or similar facts or circumstances as a criminal offense specified in this subsection, an attempt or conspiracy to commit any of the offenses specified in this subsection, or any offense enumerated in subsection (g) of this section if the offender was previously convicted of any offense enumerated in subsection (g) of this section, the division shall verify the accuracy of the offender's registered address, and the offender shall report, in person, his current address to the sheriff in the county in which the offender resides, every six (6) months after the date of the initial release or commencement of parole. If the offender's appearance has changed substantially and in any case at least annually, the sheriff shall photograph the offender. Confirmation of the in-person verification required by this subsection, and any new photographs of the offender, shall be transmitted by the sheriff to the division within three (3) working days. Any person under this subsection who has not established a residence or is transient, and who is reporting to the sheriff as required under subsection (e) of this section, shall be deemed in compliance with the address verification requirements of this section. |
|
(j) |
For an offender convicted of a violation of W.S.6-2-201 if the victim was a minor, W.S. 6-2-302 or 6-2-303,W.S. 6-2-304(a)(iii) if the victim was under fourteen (14)years of age, W.S. 6-2-314(a)(i), W.S. 6-2-314(a)(ii) and (iii) if the victim was less than thirteen (13) years of age, W.S. 6-2-315(a)(ii), W.S. 6-2-315(a)(iii) and (iv) if the victim was less than thirteen (13) years of age, W.S. 6-2-316(a)(ii) and (iii), 6-4-402, 18 U.S.C. § 2245, or an offense in another jurisdiction containing the same or similar elements, or arising out of the same or similar facts or circumstances as a criminal offense specified in this subsection, an attempt or conspiracy to commit any of the offenses specified in this subsection, any offense enumerated in subsection (h) of this section if the offender was previously convicted of any offense enumerated in subsection (g) of this section or any offense enumerated in subsection (g) or (h) of this section if the offender was previously convicted of any offense enumerated in subsection (h) of this section, the division shall verify the accuracy of the offender's registered address, and the offender shall report, in person, his current address to the sheriff in the county in which the offender resides every three (3) months after the date of the initial release or commencement of parole. If the offender's appearance has changed substantially, and in any case at least annually, the sheriff shall photograph the offender. Confirmation of the in-person verification required by this subsection, and any new photographs of the offender, shall be transmitted by the sheriff to the division within three (3) working days. Any person under this subsection who has not established a residence or is transient, and who is reporting to the sheriff as required under subsection (e) of this section, shall be deemed in compliance with the address verification requirements of this section. |
|
(k) |
Any person required to register under this act shall provide information in person to the sheriff of the county in which he is registered and to any other relevant registering entity specified in subsection (c) of this section regarding each change in employment or enrollment status at any educational institution in this state, including any of the information collected pursuant to subsection (a) of this section within three (3) working days of the change to the entity with whom the offender last registered. This information shall be forwarded immediately from the registering entity to the division on a form prescribed by the division, and the division shall then enter the information into the central registry and forward the information to the campus police department or other law enforcement agency with jurisdiction over the educational institution. |
|
(m) |
Any person required to register under this act shall provide information in person to the sheriff of the county in which he is registered and to any other relevant registering entity specified in subsection (c) of this section regarding each change of employment and shall disclose all places of employment if there is more than one (1), including any loss of employment, within three (3) working days of the change to the entity with whom the offender last registered. The information shall be forwarded within three (3) working days from the registering entity to the division and the division shall then enter the information into the central registry. |
|
(n) |
Any person required to register under this act shall provide any new or updated information in person to the sheriff of the county in which he is registered and to any other relevant registering entity specified in subsection (c) of this section regarding any changes, modifications or other information necessary to keep current any of the information specified in this section and W.S. 7-19-303, within three (3) working days of the change to the entity with whom the offender last registered. The information shall be forwarded within three (3) working days from the registering entity to the division and the division shall then enter the information into the central registry. |
|
(o) |
If the division lacks sufficient information or documentation to identify the offender's crime for which convicted or equivalent Wyoming offense, it shall register the offender as if he were convicted of an offense listed in subsection (j) of this section. If the division receives additional verifiable information or documentation that demonstrates that the offender was not convicted of an offense specified under subsection (j) of this section or an offense from any other jurisdiction containing the same or similar elements or arising out of the same or similar facts or circumstances, it shall modify the offender's status. |
|
(p) |
Any person convicted of any offense enumerated in subsection (g), (h) or (j) of this section who is released from confinement for any reason before being sentenced shall register as described in this section with the county sheriff for each county in which that person resides, is employed or attends school. |
|
(q) |
Any offender registered pursuant to this act shall notify the county sheriff of each county in which he is registered at least twenty-one (21) days before traveling outside of the United States of America. The notification shall include the name of each country the offender plans to visit, the dates the offender intends to be in each country, the purpose for which the offender is traveling, the offender?s means of travel and the offender?s country of citizenship, passport number and country of issue. Each county sheriff receiving notification of an offender?s intention to travel outside of the United States of America shall forward that information to the division within three (3) working days. |
§ 7-19-303. Offenders central registry; dissemination of information.
|
(a) |
An entity registering an offender shall forward the information and fingerprints obtained pursuant to W.S. 7-19-302 to the division within three (3) working days. The division shall maintain a central registry of offenders required to register under W.S. 7-19-302 and shall adopt rules necessary to carry out the purposes of W.S. 7-19-302. The division shall immediately enter information received pursuant to this act into the central registry and shall immediately transmit the conviction data, palmprints and fingerprints to the federal bureau of investigation and national sex offender registry. |
|
(b) |
The information collected under this act shall be confidential, except for that information collected in accordance with paragraph (c)(iii) of this section which information shall be a matter of public record. |
|
|
(i) |
Repealed By Laws 2007, Ch. 160, §2. |
|
(ii) |
Repealed By Laws 2007, Ch. 160, §2. |
|
|
(c) |
The division shall provide notification of registration under this act, including all registration information, to the district attorney of the county where the registered offender is residing at the time of registration or to which the offender moves. In addition, the following shall apply: |
|
|
(i) |
Repealed By Laws 2007, Ch. 160, §2. |
|
(ii) |
If the offender was convicted of an offense specified in W.S. 7-19-302(h) or (j), notification shall be provided by mail, personally or by any other means reasonably calculated to ensure delivery of the notice to residential neighbors within at least seven hundred fifty (750) feet of the offender's residence, organizations in the community, including schools, religious and youth organizations by the sheriff or his designee. In addition, notification regarding an offender employed by or attending school at any educational institution shall be provided upon request by the educational institution to a member of the institution's campus community as defined by subsection (h) of this section; |
|
(iii) |
Notification of registration under this act shall be provided to the public through a public registry, as well as to the persons and entities required by paragraph (ii) of this subsection. The division shall make the public registry available to the public, with the exception of internet identifiers, telephone numbers and adjudications as delinquent, through electronic internet technology and shall include: |
|
|
(A) |
The offender's name, including any aliases; |
|
(B) |
Physical address; |
|
(C) |
Date and place of conviction; |
|
(D) |
Date and place of conviction; |
|
(E) |
Crime for which convicted; |
|
(F) |
Photograph; |
|
(G) |
Physical characteristics including race, sex, height, weight, eye and hair color; |
|
(H) |
History of all criminal convictions subjecting an offender to the registration requirements of this act; and |
|
(J) |
The license plate number or registration and a description of any vehicle owned or operated by the offender; |
|
(K) |
The physical address of any employer that employs the offender; and |
|
(M) |
The physical address of each educational institution in this state at which the person is attending school. |
|
|
(iv) |
The division shall adopt rules necessary to provide for the maintenance and dissemination of the information contained in the central registry of offenders. |
|
|
(d) |
Repealed By Laws 2007, Ch. 160, §2. |
|
(e) |
Repealed By Laws 2007, Ch. 160, §2. |
|
(f) |
The identity of the victim of an offense that requires registration under this act shall not be released to the public unless the victim has authorized the release of the information, provided: |
|
|
(i) |
Nothing in this subsection shall bar the disclosure of information concerning the characteristics of the victim and the nature and circumstances of the offense so long as the victim is not identified; |
|
(ii) |
Nothing in this subsection shall bar the disclosure of victim identity information contained as part of the criminal history record information disclosed to persons authorized to receive such information under W.S. 7-19-106; and |
|
(iii) |
This subsection does not apply to victim identity information contained in public records which exist independently of this act. |
|
|
(g) |
Any person who, by virtue of employment or official position has possession of, or access to, registration information furnished pursuant to this act or victim identifying information, and willfully discloses it in any manner to any person or agency not entitled to receive the information is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. |
|
(h) |
An educational institution in this state shall instruct members of its campus community, by direct advisement, publication or other means, that a member can obtain information regarding offenders employed by or attending school at the institution by contacting the campus police department or other law enforcement agency with jurisdiction over the institution. For the purposes of this subsection, "member of the campus community" means a person employed by or attending school at the educational institution at which the offender is employed or attending school, or a person's parent or guardian if the person is a minor. |
|
(j) |
The attorney general shall maintain a public record of the number of registered offenders in each county. |
|
(k) |
The legislature directs the division to facilitate access to the information on the public registry available through electronic internet technology without the need to consider or assess the specific risk of reoffense with respect to any individual prior to his inclusion within the registry, and the division shall place a disclaimer on the division's internet website indicating that: |
|
|
(i) |
No determination has been made that any individual included in the registry is currently dangerous; |
|
(ii) |
Individuals included within the registry are included solely by virtue of their conviction record and state law; and |
|
(iii) |
The main purpose of providing the information on the internet is to make the information more easily available and accessible, not to warn about any specific individual. |
|
§ 7-19-304. Termination of duty to register.
§ 7-19-305. Registration; duties of registering entities; notice to persons
required to register.
§ 7-19-306. Repealed By Laws 1999, ch. 203, §3.
§ 7-19-307. Penalties.
§ 7-19-308. Harboring a sex offender; penalties; exceptions.
