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Repealed By Laws 2007, ch. 160, 2.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Repealed By Laws 2007, ch. 160, 2.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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(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 the physical address of each
residence of an offender, including: |
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(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; |
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(B) |
Any physical address where the offender habitually visits; and |
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(C) |
Temporary residences such as hotels, motels, public or private housing,
camping areas, parks public buildings, streets, roads, highway,
restaurants, libraries or other places the offender may frequent and
use for shelter or other activities of daily living. |
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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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(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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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); and |
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(xi) |
The age of the victim. |
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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.
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; |
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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 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; |
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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 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) |
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. 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. 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 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. |
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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), 6-4-303(b)(iv) or W.S. 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. 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. |
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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 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), 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.
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. |
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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), 6-4-402,
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 (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. |
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(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. |
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(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. |
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(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. |
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(o) |
If the division lacks sufficient 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 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, it shall modify
the offender’s status. |
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, palm prints 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 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; |
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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 subjecting an offender to
the registration requirements of this act; 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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(iv) |
The division shall adopt rules necessary to provide for the maintenance
and dissemination of the information contained in the central registry of
offenders. |
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(d) |
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 offender
may petition the district court for the district in the which the offender
is registered to reduce the period of registration under this paragraph by
five (5) years if the offender maintains a clean record as provided in
subsection (d) of this section; |
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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; and |
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(iii) |
A petition filed under this subsection shall be served on the prosecuting
attorney for the county in which the petition is filed. The court shall
not grant a petition that was not served on the prosecuting attorney.
The prosecuting attorney may file a responsive pleading within thirty (30)
days after service of the petition. |
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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 any sex offender treatment previously ordered by
the trial court or by his probation or parole agent. |
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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.
7-19-308. Harboring a sex offender; penalties; exceptions.
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(a) |
A person is guilty of the crime of harboring, assisting, concealing, or withholding
information about, a sex offender, if the person has knowledge that a sex offender
is required to register under W.S. 7-19-302 and the person: |
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(i) |
Assists the sex offender in eluding a law enforcement agency that is
seeking to question the sex offender about, or to arrest the sex
offender for, his noncompliance with the requirements of W.S. 7-19-302
or any other law prohibiting a sexual offense, child abuse or kidnapping; |
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(ii) |
Withholds information, including but not limited to the location
of the sex offender, from, or fails to notify, the law enforcement
agency about the sex offender's noncompliance with the requirements
of W.S. 7-19-302 or any other law prohibiting a sexual offense,
child abuse or kidnapping and commits an affirmative act in furtherance
of paragraph (a)(i), (iii) or (iv) of this section; |
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(iii) |
Harbors, or attempts to harbor, or assists another person in harboring
or attempting to harbor, the sex offender; |
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(iv) |
Conceals or attempts to conceal, or assists another person in concealing
or attempting to conceal, the sex offender; or |
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(v) |
Provides information to the law enforcement agency regarding the sex
offender which the person knows to be false. |
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(b) |
Subsection (a) of this section shall not apply if the sex offender is incarcerated
in a local, state or federal detention or correctional facility, or is in the custody
of a law enforcement agency. |
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(c) |
A violation of subsection (a) of this section shall be 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. |
