7-19-301. Definitions.
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(a) |
Unless otherwise provided, for the purposes of this act: |
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(i) |
Repealed By Laws 2007, ch. 160, 2. |
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(ii) |
Repealed By Laws 2007, ch. 160, 2. |
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(iii) |
"Convicted" includes pleas of guilty, nolo contendere and verdicts of
guilty upon which a judgment of conviction may be rendered. "Convicted"
shall not include dispositions pursuant to W.S. 7-13-301; |
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(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: |
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(A) |
Kidnapping under W.S. 6-2-201; |
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(B) |
Felonious restraint under W.S. 6-2-202; |
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(C) |
False imprisonment under W.S. 6-2-203; |
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(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; |
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(E) |
Producing obscene material under W.S. 6-4-302 if the offense involves the use of
a minor in a sexual performance; |
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(F) |
Soliciting sexual conduct under W.S. 6-2-318; |
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(G) |
Sexual exploitation of a child under W.S. 6-4-303; |
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(H) |
An attempt to commit an offense described in subparagraphs (A) through (G) of this
paragraph. |
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(v) |
"Department" means the state department of corrections; |
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(vi) |
"Division" means the Wyoming division of criminal investigation created
within the office of the attorney general; |
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(vii) |
"Minor" means a person who has not attained the age of eighteen (18) years
at the time of the offense; |
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(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); |
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(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; |
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(xxi) |
"Working days" shall not include Saturdays, Sundays and legal holidays. |
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(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; |
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(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; |
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(xi) |
"Reside" and words of similar import mean having established a permanent
or temporary residence for ten (10) or more days; |
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(xii) |
Repealed By Laws 2007, ch. 160, 2. |
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(xiii) |
Repealed By Laws 2007, ch. 160, 2. |
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(xiv) |
Repealed By Laws 2007, ch. 160, 2. |
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(xv) |
"This act" means W.S. 7-19-301 through 7-19-307; |
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(xvi) |
"Attending school" means enrollment on a full or part-time basis at any
institution; |
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(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; |
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(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; |
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(xix) |
"Residence" means a dwelling place with an established physical address
or identifiable physical location intended for human habitation. |
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7-19-302. Registration of offenders; procedure; verification.
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(a) |
Any offender residing in this state or entering this state for the purpose of residing
in this state shall register with the division of criminal investigation or other
entity in accordance with the provisions of this act. The offender shall be photographed,
fingerprinted and palm printed by the registering entity or another law enforcement
agency and shall provide the following additional information when registering: |
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(i) |
Name, including any aliases ever used; |
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(ii) |
Address; |
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(iii) |
Date and place of birth; |
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(iv) |
Social security number; |
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(v) |
Place of employment; |
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(vi) |
Date and place of conviction; |
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(vii) |
Crime for which convicted; |
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(viii) |
The name and location of each educational institution in this state at which the
person is employed or attending school; |
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(ix) |
The license plate number and a description of any vehicle owned or operated by the
offender; and |
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(x) |
A DNA sample. As used in this paragraph, "DNA" means as defined in W.S.
7-19-401(a)(vi). |
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(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. |
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(c) |
Offenders required to register under this act shall register with the entities specified
in this subsection and within the following time periods: |
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(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; |
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(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; |
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(iii) |
Offenders convicted of an offense subjecting them to registration, who 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 or on or before August 1, 1999, if
a current resident. The Wyoming agency that has jurisdiction over the offender shall
notify the offender of the registration requirements before the offender moves to
this state and shall register the offender and perform the related duties specified
in W.S. 7-19-305; |
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(iv) |
Offenders convicted of an offense subjecting them to registration, who 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 with the division on or before August
1, 1999, if a current resident, or within three (3) working days of entering this
state if not a current resident. |
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(d) |
The division shall accept registration information for a nonresident who is employed
or attends school in this state. For purposes of this subsection, "registration
information" means the registrant's place of employment or the school attended
in this state and his address in his state of residence. The registration information
accepted under this subsection shall be subject to the provisions of W.S. 7-19-303. |
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(e) |
If any person required to register under this act changes his residence address
within the same county, he shall send written notice of the change of address to
the division 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 the division, 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 division shall, within three (3) working days of receipt of a registration
or notice of change of address, notify the sheriff of the county in which an offender
resides, unless the division received the registration information from the sheriff.
The division shall also 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. |
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(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. |
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(g) |
For an offender convicted of a violation of W.S. 6-2-202 if the victim was a minor
and the offender is not the victim?s parent or guardian, W.S. 6-2-203 if the victim
was a minor and the offender is not the victim's parent or guardian, W.S. 6-2-315(a)(iv),
6-2-316(a)(iii) and (iv), 6-2-317(a)(i) or W.S. 6-4-303(b)(iv) or 6-4-304(b) if
the victim was a minor, 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. 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. |
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(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)(iii),
6-2-316(a)(i), 6-2-317(a)(ii) or 6-2-318, W.S. 6-4-102 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), an attempt or conspiracy
to commit any of the offenses specified in this subsection, or any felony enumerated
in this section if the offender was previously convicted of a felony under 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. 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. |
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(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), 6-2-315(a)(i) and (ii), 6-2-316(a)(ii), [or]
6-4-402, [or] an attempt or conspiracy to commit any of the offenses specified in
this subsection, or any felony enumerated in this section if the offender was previously
convicted of a felony under subsection (g) or (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. 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. |
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(k) |
In addition to any other requirements of this section and of this act, any person
required to register under this act shall provide information in writing regarding
each change in employment or enrollment status at any educational institution in
this state 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 institution. |
7-19-303. Offenders central registry; dissemination of information.
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(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 and fingerprints to the federal bureau of investigation and national sex offender
registry. |
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(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. |
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(i) |
Repealed By Laws 2007, ch. 160, 2. |
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(ii) |
Repealed By Laws 2007, ch. 160, 2. |
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(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: |
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(i) |
Repealed By Laws 2007, ch. 160, 2. |
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(ii) |
If the offender was convicted of an offense specified in W.S. 7-19-302(h) or (j),
notification shall be provided 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. In addition, notification regarding
an offender employed by or attending school at any educational institution shall
be provided upon request to a member of the institution's campus community as defined
by subsection (h) of this section; |
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(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 through electronic internet technology and shall include: |
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(A) |
The offender's name, including any aliases; |
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(B) |
Physical address; |
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(C) |
Date and place of birth; |
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(D) |
Date and place of conviction; |
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(E) |
Crime for which convicted; |
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(F) |
Photograph; |
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(G) |
Physical characteristics including race, sex, height, weight, eye and hair color. |
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(H) |
History of all criminal convictions; and |
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(J) |
The license plate number and a description of any vehicle owned or operated by the
offender. |
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(d) |
Repealed By Laws 2007, ch. 160, 2. |
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(i) |
Repealed By Laws 2007, ch. 160, 2. |
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(ii) |
Repealed By Laws 2007, ch. 160, 2. |
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(iii) |
Repealed By Laws 2007, ch. 160, 2. |
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(e) |
Repealed By Laws 2007, ch. 160, 2. |
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(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: |
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(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; |
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(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 |
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(iii) |
This subsection does not apply to victim identity information contained in public
records which exist independently of this act. |
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(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. |
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(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. |
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(j) |
The attorney general shall maintain a public record of the number of registered
offenders in each county. |
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(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: |
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(i) |
No determination has been made that any individual included in the registry is currently
dangerous; |
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(ii) |
Individuals included within the registry are included solely by virtue of their
conviction record and state law; and |
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(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. |
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7-19-304. Termination of duty to register.
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(a) |
The duty to register under W.S. 7-19-302 shall begin on the date of sentencing and
continue for the duration of the offender?s life, subject to the following: |
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(i) |
For an offender specified in W.S. 7-19-302(g), the duty to register shall end fifteen
(15) years after the offender was released from prison, placed on parole, supervised
release or probation, provided the registration period shall be tolled for subsequent
periods of confinement. The period of registration under this paragraph may be reduced
by five (5) years if the offender maintains a clean record as provided in subsection
(d) of this section; and |
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(ii) |
An offender specified in W.S. 7-19-302(h) who has been registered for at least twenty-five
(25) years, exclusive of periods of confinement, may petition the district court
for the district in which the offender is registered to be relieved of the duty
to continue to register. Upon a showing that the offender has had no further felony
or misdemeanor convictions during the period of registration, the district court
may order the offender relieved of the duty to continue registration. |
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(A) |
Repealed By Laws 1999, ch. 203, 3. |
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(B) |
Repealed By Laws 1999, ch. 203, 3. |
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(b) |
Repealed By Laws 1999, ch. 203, 3. |
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(c) |
Nothing in W.S. 7-13-302 shall be construed as operating to relieve the offender
of his duty to register pursuant to W.S. 7-19-302. |
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(d) |
A registration period under subsection (a) of this section may be reduced if, after
the duty to register arises, the offender specified in W.S. 7-19-302(g) maintains
a clean record for ten (10) years by: |
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(i) |
Having no conviction of any offense for which imprisonment for more than one (1)
year may be imposed: |
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(ii) |
Having no conviction of any sex offense; |
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(iii) |
Successfully completing any periods of supervised release, probation and parole;
and |
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(iv) |
Successfully completing an appropriate sex offender treatment program certified
by the state. |
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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.
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(a) |
Failure to register within the time required under W.S. 7-19-302 constitutes a per
se violation of this act and is punishable as provided in subsections (c) and (d)
of this section. Failure to report his address as required by W.S. 7-19-302(g) through
(j), or failure to provide information regarding any change in employment or enrollment
status at any educational institution in this state as required by W.S. 7-19-302(k),
is punishable as provided in subsections (c) and (d) of this section. |
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(b) |
An arrest on charges of failure to register, service of an information or complaint
for a violation of this act, or arraignment on charges for a violation of this act,
constitutes actual notice of the duty to register. Any person charged with the crime
of failure to register under this act who asserts as a defense the lack of notice
of the duty to register shall register immediately following actual notice of the
duty through arrest, service or arraignment. Failure to register as required under
this subsection constitutes grounds for filing another charge of failing to register.
Registering following arrest, service or arraignment on charges shall not relieve
the offender from criminal liability for failure to register prior to the filing
of the original charge. |
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(c) |
A person who knowingly fails to register as required by W.S. 7-19-302 is guilty
of a felony punishable by a fine of up to one thousand dollars ($1,000.00), imprisonment
for not more than five (5) years, or both. |
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(d) |
A person convicted of a subsequent violation of knowingly failing to register as
required by W.S. 7-19-302 is guilty of a felony punishable by a fine of one thousand
dollars ($1,000.00), imprisonment for not more than ten (10) years, or both. |
