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13-3821. Persons required to register; procedure; identification card; definitions
- A person who has been convicted of a violation or attempted violation of any of the following offenses or who has been convicted of an offense committed in another jurisdiction that if committed
in this state would be a violation or attempted violation of any of the following offenses or an offense that was in effect before September 1, 1978 and that, if committed on or after September 1, 1978,
has the same elements of an offense listed in this section or who is required to register by the convicting jurisdiction, within ten days after the conviction or within ten days after entering and
remaining in any county of this state, shall register with the sheriff of that county:
- Unlawful imprisonment pursuant to section 13-1303 if the victim is under eighteen years of age and the unlawful imprisonment was not committed by the child's parent.
- Kidnapping pursuant to section 13-1304 if the victim is under eighteen years of age and the kidnapping was not committed by the child's parent.
- Sexual abuse pursuant to section 13-1404 if the victim is under eighteen years of age.
- Sexual conduct with a minor pursuant to section 13-1405.
- Sexual assault pursuant to section 13-1406.
- Sexual assault of a spouse if the offense was committed before August 12, 2005.
- Molestation of a child pursuant to section 13-1410.
- Continuous sexual abuse of a child pursuant to section 13-1417.
- Taking a child for the purpose of prostitution pursuant to section 13-3206.
- Child prostitution pursuant to section 13-3212.
- Commercial sexual exploitation of a minor pursuant to section 13-3552.
- Sexual exploitation of a minor pursuant to section 13-3553.
- Luring a minor for sexual exploitation pursuant to section 13-3554.
- Sex trafficking of a minor pursuant to section 13-1307.
- A second or subsequent violation of indecent exposure to a person under fifteen years of age pursuant to section 13-1402.
- A second or subsequent violation of public sexual indecency to a minor under the age of fifteen years pursuant to section 13-1403, subsection B.
- A third or subsequent violation of indecent exposure pursuant to section 13-1402.
- A third or subsequent violation of public sexual indecency pursuant to section 13-1403.
- A violation of section 13-3822 or 13-3824.
- Before the person is released from confinement the state department of corrections in conjunction with the department of public safety and each county sheriff shall complete the registration of any person
who was convicted of a violation of any offense listed under subsection A of this section. Within three days after the person's release from confinement, the state department of corrections shall forward
the registered person's records to the department of public safety and to the sheriff of the county in which the registered person intends to reside. Registration pursuant to this subsection shall be consistent
with subsection E of this section.
- Notwithstanding subsection A of this section, the judge who sentences a defendant for any violation of chapter 14 or 35.1 of this title or for an offense for which there was a finding of sexual motivation
pursuant to section 13-118 may require the person who committed the offense to register pursuant to this section.
- The court may require a person who has been adjudicated delinquent for an act that would constitute an offense specified in subsection A or C of this section to register pursuant to this section. Any duty to
register under this subsection shall terminate when the person reaches twentyfive years of age.
- A person who has been convicted of or adjudicated delinquent and who is required to register in the convicting state for an act that would constitute an offense specified in subsection A or C of this section
and who is not a resident of this state shall be required to register pursuant to this section if the person is either:
- Employed fulltime or parttime in this state, with or without compensation, for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year.
- Enrolled as a fulltime or parttime student in any school in this state for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year. For the purposes of
this paragraph, "school" means an educational institution of any description, public or private, wherever located in this state.
- Any duty to register under subsection D or E of this section for a juvenile adjudication terminates when the person reaches twentyfive years of age.
- The court may order the termination of any duty to register under this section on successful completion of probation if the person was under eighteen years of age when the offense for which the person was
convicted was committed.
- The court may order the suspension or termination of any duty to register under this section after a hearing held pursuant to section 13-923.
- At the time of registering, the person shall sign or affix an electronic fingerprint to a statement giving such information as required by the director of the department of public safety, including all names
by which the person is known, any required online identifier and the name of any website or internet communication service where the identifier is being used. The sheriff shall fingerprint and photograph the person
and within three days thereafter shall send copies of the statement, fingerprints and photographs to the department of public safety and the chief of police, if any, of the place where the person resides. The
information that is required by this subsection shall include the physical location of the person's residence and the person's address. If the person has a place of residence that is different from the person's
address, the person shall provide the person's address, the physical location of the person's residence and the name of the owner of the residence if the residence is privately owned and not offered for rent or
lease. If the person receives mail at a post office box, the person shall provide the location and number of the post office box. If the person does not have an address or a permanent place of residence, the person
shall provide a description and physical location of any temporary residence and shall register as a transient not less than every ninety days with the sheriff in whose jurisdiction the transient is physically present.
- On the person's initial registration and every year after the person's initial registration, the person shall confirm any required online identifier and the name of any website or internet communication service
where the identifier is being used. The person shall obtain a new nonoperating identification license or a driver license from the motor vehicle division in the department of transportation and shall carry a valid
nonoperating identification license or a driver license. Notwithstanding sections 28-3165 and 28-3171, the license is valid for one year from the date of issuance, and the person shall submit to the department of
transportation proof of the person's address and place of residence. The motor vehicle division shall annually update the person's address and photograph and shall make a copy of the photograph available to the
department of public safety or to any law enforcement agency. The motor vehicle division shall provide to the department of public safety daily address updates for persons required to register pursuant to this section.
- Except as provided in subsection E or K of this section, the clerk of the superior court in the county in which a person has been convicted of a violation of any offense listed under subsection A of this
section or has been ordered to register pursuant to subsection C or D of this section shall notify the sheriff in that county of the conviction within ten days after entry of the judgment.
- Within ten days after entry of judgment, a court not of record shall notify the arresting law enforcement agency of an offender's conviction of a violation of section 13-1402. Within ten days after receiving
this information, the law enforcement agency shall determine if the offender is required to register pursuant to this section. If the law enforcement agency determines that the offender is required to register,
the law enforcement agency shall provide the information required by section 13-3825 to the department of public safety and shall make community notification as required by law.
- A person who is required to register pursuant to this section because of a conviction for the unlawful imprisonment of a minor or the kidnapping of a minor is required to register, absent additional or
subsequent convictions, for a period of ten years from the date that the person is released from prison, jail, probation, community supervision or parole and the person has fulfilled all restitution obligations.
Notwithstanding this subsection, a person who has a prior conviction for an offense for which registration is required pursuant to this section is required to register for life.
- A person who is required to register pursuant to this section and who is a student at a public or private institution of postsecondary education or who is employed, with or without compensation, at a
public or private institution of postsecondary education or who carries on a vocation at a public or private institution of postsecondary education shall notify the county sheriff having jurisdiction of the
institution of postsecondary education. The person required to register pursuant to this section shall also notify the sheriff of each change in enrollment or employment status at the institution.
- At the time of registering, the sheriff shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from a person who has been convicted of an
offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the offenses listed in subsection A of this section or an offense that was in
effect before September 1, 1978 and that, if committed on or after September 1, 1978, has the same elements of an offense listed in subsection A of this section or who is required to register by the convicting
jurisdiction. The sheriff shall transmit the sample to the department of public safety.
- Any person required to register under subsection A of this section shall register their required online identifier and the name of any website or internet communication service where the identifier is being
used or intends to use the identifier with the sheriff from and after December 31, 2007, regardless of whether the person was required to register an identifier at the time of their initial registration under
this section.
- For the purposes of this section:
- "Address" means the location at which the person receives mail.
- "Required online identifier" means any electronic email address information or instant message, chat, social networking or other similar internet communication name, but does not include social security
number, date of birth, or pin number.
- "Residence" means the person's dwelling place, whether permanent or temporary.
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13-3822. Notice of moving from place of residence or change of name or electronic information; forwarding of information; definitions
- Within seventytwo hours, excluding weekends and legal holidays, after moving from the person's residence within a county or after changing the person's name, a person who is required to register under
this article shall inform the sheriff in person and in writing of the person's new residence, address or new name. If the person moves to a location that is not a residence and the person receives mail
anywhere, including a post office box, the person shall notify the sheriff of the person's address. If the person does not have an address or a permanent place of residence, the person shall register as
a transient not less than every ninety days with the sheriff in whose jurisdiction the transient is physically present. Within three days after receipt of such information, the sheriff shall forward it
to the department of public safety and the chief of police, if any, of the place from which the person moves, and shall forward a copy of the statement, fingerprints and photograph of the person to the
chief of police, if any, of the place to which the person has moved.
- Within seventytwo hours after a person moves from a county in which the person is registered, the person shall notify in writing the sheriff of the county from which the person moves. If the person is
subject to community notification requirements, the sheriff of the county from which the person moves shall advise the local law enforcement agency of the county to which the person moves of the move. If
the person moves out of this state, the sheriff of the county from which the person moves shall advise the local law enforcement agency in the jurisdiction to which the person moves. The local law enforcement
agency shall contact the department of public safety following ten days after being notified to determine if the person has reregistered. If the person has not reregistered, the local law enforcement agency
shall notify the local law enforcement agency in the county in which the person last resided. Any law enforcement agency in the county in which the person last resided shall conduct an investigation and shall
submit a report to the appropriate county attorney.
- A person who is required to register pursuant to this article shall notify the sheriff either in person or electronically within seventy-two hours, excluding weekends and legal holidays, after a person makes
any change to any required online identifier, and before any use of a changed or new required online identifier to communicate on the internet. Within three days after receipt of the information, the sheriff
shall forward the information to the department of public safety. Within three days after receipt of the information from the sheriff, the department of public safety shall update the person's information in
the department of public safety database.
- For the purposes of this section:
- "Address" means the location at which the person receives mail.
- "Required online identifier" means any electronic email address information or instant message, chat, social networking or other similar internet communication name, but does not include social security
number, date of birth, or pin number.
- "Residence" means the person’s dwelling place, whether permanent or temporary.
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13-3823. Access to records
Except for use by law enforcement officers and for dissemination as provided in section 41-1750, a statement, photograph or fingerprint required by this article shall not be made available to any person.
13-3824. Violation; classification; assessment
- A person who is subject to registration under this article and who fails to comply with the requirements of this article is guilty of a class 4 felony.
- Notwithstanding subsection A of this section, a person who fails to comply with section 13-3821, subsection I is guilty of a class 6 felony and, in addition to any other penalty prescribed by law, the court
shall order the person to pay an additional assessment of two hundred fifty dollars. This assessment is not subject to any surcharge. The court shall transmit the monies received pursuant to this subsection
to the county treasurer. The county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the sex offender monitoring fund established
by section 13-3828. Notwithstanding any other law, the court shall not waive the assessment imposed pursuant to this subsection.
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13-3825. Community notification
- Within seventytwo hours after a person who was convicted is released from confinement or who was accepted under the interstate compact for the supervision of parolees and probationers and has arrived in
this state, the agency that had custody or responsibility for supervision of the person who was convicted of committing an offense for which the person was required or ordered by the court to register pursuant
to section 13-3821 or that has accepted supervision under the interstate compact for the supervision of parolees and probationers shall provide all of the following information to the department of public safety
by entering all of the following information into the sex offender profile and notification database:
- The offender's identifying information.
- A risk assessment of the offender.
- The offender's date of release from confinement or, if the offender is sentenced to probation without jail time, the date the sentence is imposed.
- Following the tenth day after the person is released from confinement or, if the offender is sentenced to probation without jail time, the date the sentence is imposed, the department of public safety shall
crossreference the information the department receives pursuant to subsection A of this section with the sex offender registry to determine if the person is registered as required or ordered by the court
pursuant to section 13-3821. If the person is not registered, the local law enforcement agency or the department of public safety shall request that the county attorney in the county in which the person was
convicted petition the court for an arrest warrant to be issued and, if appropriate, notify the interstate compact administrator for this state. If the person is registered, the department of public safety
shall forward the information the department received pursuant to subsection A of this section to the sheriff in the county where the person is registered.
- After receiving the information pursuant to subsection B of this section, the sheriff shall forward the information to the chief law enforcement officer of the community in which the person resides. After
reviewing the information received and any other information available to the local law enforcement agency, the local law enforcement agency shall categorize each offender and place each offender into a notification
level. Within fortyfive days, the local law enforcement agency shall notify the community of the offender's presence in the community pursuant to the guidelines established by the community notification guidelines
committee. If the community does not have a chief law enforcement officer, the sheriff shall perform the duties of the local law enforcement agency.
- If a person who has been convicted of an offense in another state registers pursuant to section 13-3821, subsection A, the sheriff in the county in which the person registers shall forward the information to
the chief law enforcement officer of the community in which the person resides. The chief law enforcement officer shall contact the state in which the person was convicted and shall obtain information regarding
the person. After reviewing the information received and any other information available, the local law enforcement agency shall complete the risk assessment, shall categorize the person, shall place the person
into a notification level and shall enter the information into the computer system. If the law enforcement agency is unable to obtain sufficient information to complete the sex offender community notification
risk assessment, the agency shall categorize the offender as a level two offender. Within fortyfive days, the local law enforcement agency shall notify the community of the person's presence in the community
pursuant to the guidelines established by the community notification guidelines committee. If the community does not have a chief law enforcement officer, the sheriff shall perform the duties of the local law
enforcement agency.
- On receiving notice pursuant to section 13-3822 that a person who is required to register has moved from the person's address, the chief law enforcement officer of the community to which the person has relocated
may notify that community of the person's relocation to the community, pursuant to subsection C of this section. If the community does not have a local law enforcement agency, the sheriff of the county to which
the person has relocated shall notify the community of the person's relocation.
- In cooperation with the county probation department or the state department of corrections, a law enforcement agency may delegate all or part of the notification process for offenders on community supervision
to the county probation department or to the state department of corrections, as appropriate.
- Information concerning a person who is required to register pursuant to section 13-3821 and who is subject to the provisions of community notification and who is a student at a public or private institution of
postsecondary education or who is employed or carries on a vocation, with or without compensation, at a public or private institution of postsecondary education shall be promptly made available by the county sheriff
to the law enforcement agency having jurisdiction for performing community notification pursuant to guidelines adopted under section 13-3826. The law enforcement agency shall notify the institution's administration
and shall complete appropriate campus notification pursuant to guidelines adopted under section 13-3826.
- This section does not prohibit law enforcement officers from giving a community notice of any circumstances or persons that pose a danger to the community under circumstances that are not provided for under this section.
- Except as provided in subsection J of this section, this section applies to all persons who are subject to the registration requirements in section 13-3821 whether or not the person was convicted before or after June 1, 1996.
- This section does not apply to persons subject to the registration requirements in section 13-3821 as a result of offenses adjudicated by a juvenile court unless ordered by the court.
- Notwithstanding subsections B and C of this section, the agency that had custody or responsibility for supervision of an offender or the court that sentenced the offender who was convicted of committing an offense
that subjects the offender to the registration requirements of section 13-3821 and who committed the offense before June 1, 1996 may conduct a risk assessment for the offender as existing resources are available
pursuant to guidelines adopted by the community notification guidelines committee pursuant to section 13-3826. Community notification pursuant to this section and sex offender web site notification pursuant to section
13-3827 shall only be conducted after the risk assessment is complete.
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13-3826. Community notification guidelines committee; members; duties; definition
- The community notification guidelines committee is established consisting of the following members:
- A member of the senate who is appointed by the president of the senate to serve as cochairperson of the committee.
- A member of the house of representatives who is appointed by the speaker of the house of representatives to serve as cochairperson of the committee.
- The attorney general or the attorney general's designee.
- The chairman of the senate judiciary committee or its successor committee, who serves as an advisory member.
- A member of the minority party in the senate who is appointed by the president of the senate and who serves as an advisory member.
- The chairman of the house of representatives judiciary committee or its successor committee, who serves as an advisory member.
- A member of the minority party in the house of representatives who is appointed by the speaker of the house of representatives and who serves as an advisory member.
- Two sheriffs or their designees who are appointed by the president of the Arizona county attorneys and sheriffs association, one of whom represents a county with a population of more than four hundred
thousand persons according to the most recent United States decennial census and one of whom represents a county with a population of four hundred thousand persons or less according to the most recent United
States decennial census.
- Two chiefs of police or their designees who are appointed by the president of the Arizona association of chiefs of police, one of whom represents a city or town in a county with a population of more
than four hundred thousand persons according to the most recent United States decennial census and one of whom represents a city or town in a county with a population of four hundred thousand persons or
less according to the most recent United States decennial census.
- Two county attorneys or their designees who are appointed by the chairman of the Arizona prosecuting attorneys' advisory council, one of whom represents a county with a population of more than four
hundred thousand persons according to the most recent United States decennial census and one of whom represents a county with a population of four hundred thousand persons or less according to the most
recent United States decennial census.
- Two county adult probation officers or their designees who are appointed by the chief justice of the supreme court, one of whom represents a county with a population of more than four hundred thousand
persons according to the most recent United States decennial census and one of whom represents a county with a population of four hundred thousand persons or less according to the most recent United States
decennial census.
- One state adult parole administrator or the administrator's designee who is appointed by the governor.
- The director of the department of public safety or the director's designee.
- The director of the department of transportation or the director's designee.
- One person who is licensed under title 32, chapter 19.1 and who is appointed by the state board of psychologist examiners.
- One representative of a public defender's office who is recommended by an association of public defenders and who is appointed by the speaker of the house of representatives.
- One advocate or community restitution provider who is appointed by the president of the senate.
- Two public members, one of whom is appointed by the president of the senate and one of whom is appointed by the speaker of the house of representatives.
- Appointed members serve two year terms.
- The members shall meet at a time and place set by the cochairpersons.
- Members of the committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
- The committee shall:
- Adopt community notification guidelines. The committee shall monitor the implementation of the community notification guidelines that the committee adopts. The guidelines shall provide for levels of
notification based on the risk that a particular sex offender poses to the community. The notification requirements are as follows:
- For level two and level three offenders, the notification shall be made to the surrounding neighborhood, area schools, appropriate community groups and prospective employers. The notification
shall include a flyer with a photograph and exact address of the offender as well as a summary of the offender's status and criminal background. A press release and a level two or level three flyer
shall be given to the local electronic and print media to enable information to be placed in a local publication.
- For level one offenders, the local law enforcement agency that is responsible for notification shall maintain information about the offender. The local law enforcement agency may disseminate this
information to other law enforcement agencies and may give notification to the people with whom the offender resides.
- Develop and recommend a process for a sex offender to request a notification level review and for the court to determine if a sex offender notification level may be reduced or the offender is no longer
required to register. The committee shall submit a report of its recommendation to the governor, the president of the senate and the speaker of the house of representatives on or before December 15, 2004
and shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records.
- Study whether there is uniform and consistent application of the community notification guidelines on a statewide basis, including whether offenders who pose similar risks are assigned similar notification
levels in different jurisdictions.
- The committee shall adopt guidelines regarding how community notification pursuant to section 133825, subsection K should be conducted, including whether community notification should occur. The guidelines
should provide for flexibility based on resources and the availability of records. The committee may adopt procedures that allow offenders required to register to not be classified if necessary records are not
reasonably available.
- For the purposes of this section, "advisory member" means a member who advises other committee members during meetings but who is ineligible to vote and who is not a member for the purposes of determining
if a quorum is present.
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13-3827. Internet sex offender website; investigation of records; immunity; definition
- The department of public safety shall establish and maintain an internet sex offender website for offenders whose risk assessment has been determined to be a level two or level three. The purpose of the
internet sex offender website is to provide sex offender information to the public.
- The internet sex offender website shall include the following information for each convicted sex offender in this state who is required to register pursuant to section 13-3821:
- The offender's name, address and age.
- A current photograph.
- The offense committed and notification level pursuant to section 13-3826, subsection E, if a risk assessment has been completed pursuant to section 13-3825.
- The department of public safety shall annually update on the website the name, address and photograph of each sex offender.
- The department of public safety shall maintain a separate database and search function on the website that contains any required online identifier of sex offenders whose risk assessments have been determined
to be a level two or level three and the name of any website or internet communication service where the required online identifier is being used. This information shall not be publicly connected to the name,
address and photograph of a registered sex offender on the website.
- The department of public safety may disseminate a registered sex offender's required online identifier and the name of any corresponding website or internet communication service to a business or organization
that offers electronic communication services for comparison with information that is held by the requesting business or organization. The requesting business or organization shall notify the department of public
safety when a comparison of the information indicates that a registered sex offender's required online identifier is being used on the business's or organization's system. The requesting business or organization
shall not further disseminate that the person is a registered sex offender.
- The motor vehicle division of the department of transportation shall send copies of each sex offender's nonoperating identification license or driver license photograph to the department of public safety
for inclusion on the sex offender website.
- The department of public safety shall annually verify the addresses of all sex offender registration records contained within the Arizona criminal justice information system. Before including the address of
a sex offender on the website, the department of public safety shall confirm that the address is correct. To confirm a sex offender's address, the department shall conduct a search of the Arizona criminal justice
information system. If this search does not provide the necessary confirmation, the department shall use alternative public and private sector resources that are currently used for criminal investigation purposes
to confirm the address. The department of public safety is prohibited from using or releasing the information from the alternative public and private sector resources except pursuant to this section. A custodian
or public or private sector resource that releases information pursuant to this subsection is not civilly or criminally liable in any action alleging a violation of confidentiality.
- The department of public safety may petition the superior court for enforcement of subsection G of this section if a public or private sector resource refuses to comply. The court shall grant enforcement if
the department has reasonable grounds to believe the records sought to be inspected are relevant to confirming the identity and address of a sex offender.
- A person who provides or fails to provide information required by this section is not civilly or criminally liable unless the act or omission is wanton or wilful.
- For the purpose of this section,"required online identifier" means any electronic email address information or instant message, chat, social networking or other similar internet communication name, but does
not include social security number, date of birth or pin number.
Disclaimer: These are the statutes as they read on October 30, 2008 on the Arizona State Legislature's website. Each year the Arizona State Legislature changes some of the
criminal laws. Generally (but not always), the criminal law (statute) that is in place on the date of offense is the law that applies to the case. To find the most current version of the
statute go to the Arizona State Legislature's website (http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13)
Phoenix lawyer John Rock has successfully defended cases pertaining to sex offender registration in Arizona.
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