692A.1 THROUGH 692A.16 Repealed by 2009 Acts, ch
119, § 31.
692A.101 DEFINITIONS.
As used in this chapter and unless the context otherwise requires:
1. a. "Aggravated offense" means a conviction for any of the
following offenses:
(1) Sexual abuse in the first degree in violation of section
709.2.
(2) Sexual abuse in the second degree in violation of section
709.3.
(3) Sexual abuse in the third degree in violation of section
709.4, subsection 1.
(4) Lascivious acts with a child in violation of section 709.8,
subsection 1 or 2.
(5) Assault with intent to commit sexual abuse in violation of
section 709.11.
(6) Burglary in the first degree in violation of section 713.3,
subsection 1, paragraph "d".
(7) Kidnapping, if sexual abuse as defined in section 709.1 is
committed during the commission of the offense.
(8) Murder in violation of section 707.2 or 707.3, if sexual
abuse as defined in section 709.1 is committed during the offense.
(9) Criminal transmission of human immunodeficiency virus in
violation of section 709C.1, subsection 1, paragraph "a".
b. Any conviction for an offense specified in the laws of
another jurisdiction or any conviction for an offense prosecuted in
federal, military, or foreign court, that is comparable to an offense
listed in paragraph "a" shall be considered an aggravated offense
for purposes of registering under this chapter.
2. "Aggravated offense against a minor" means a conviction
for any of the following offenses, if such offense was committed
against a minor, or otherwise involves a minor:
a. Sexual abuse in the first degree in violation of section
709.2.
b. Sexual abuse in the second degree in violation of section
709.3.
c. Sexual abuse in the third degree in violation of section
709.4, except for a violation of section 709.4, subsection 2,
paragraph "c", subparagraph (4).
3. "Appearance" means to appear in person at a sheriff's
office.
4. "Business day" means every day except Saturday, Sunday, or
any paid holiday for county employees in the applicable county.
5. "Change" means to add, begin, or terminate.
6. "Child care facility" means the same as defined in section
237A.1.
7. "Convicted" means found guilty of, pleads guilty to, or is
sentenced or adjudicated delinquent for an act which is an indictable
offense in this state or in another jurisdiction including in a
federal, military, tribal, or foreign court, including but not
limited to a juvenile who has been adjudicated delinquent, but whose
juvenile court records have been sealed under section 232.150, and a
person who has received a deferred sentence or a deferred judgment or
has been acquitted by reason of insanity. "Conviction" includes
the conviction of a juvenile prosecuted as an adult. "Convicted"
also includes a conviction for an attempt or conspiracy to commit an
offense. "Convicted" does not mean a plea, sentence,
adjudication, deferred sentence, or deferred judgment which has been
reversed or otherwise set aside.
8. "Criminal or juvenile justice agency" means an agency or
department of any level of government or an entity wholly owned,
financed, or controlled by one or more such agencies or departments
which performs as its principal function the apprehension,
prosecution, adjudication, incarceration, or rehabilitation of
criminal or juvenile offenders.
9. "Department" means the department of public safety.
10. "Employee" means an offender who is self-employed,
employed by another, and includes a person working under contract, or
acting or serving as a volunteer, regardless of whether the
self-employment, employment by another, or volunteerism is performed
for compensation.
11. "Employment" means acting as an employee.
12. "Foreign court" means a court of a foreign nation that is
recognized by the United States department of state that enforces the
right to a fair trial during the period in which a conviction
occurred.
13. "Habitually lives" means living in a place with some
regularity, and with reference to where the sex offender actually
lives, which could be some place other than a mailing address or
primary address but would entail a place where the sex offender lives
on an intermittent basis.
14. "Incarcerated" means to be imprisoned by placing a person
in a jail, prison, penitentiary, juvenile facility, or other
correctional institution or facility or a place or condition of
confinement or forcible restraint regardless of the nature of the
institution in which the person serves a sentence for a conviction.
15. "Internet identifier" means an electronic mail address,
instant message address or identifier, or any other designation or
moniker used for self-identification during internet communication or
posting, including all designations used for the purpose of routing
or self-identification in internet communications or postings.
16. "Jurisdiction" means any state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Northern Mariana Islands, the United States Virgin
Islands, or a federally recognized Indian tribe.
17. "Loiter" means remaining in a place or circulating around
a place under circumstances that would warrant a reasonable person to
believe that the purpose or effect of the behavior is to enable a sex
offender to become familiar with a location where a potential victim
may be found, or to satisfy an unlawful sexual desire, or to locate,
lure, or harass a potential victim.
18. "Military offense" means a sex offense specified by the
secretary of defense under 10 U.S.C. § 951.
19. "Minor" means a person under eighteen years of age.
20. "Principal residence" for a sex offender means:
a. The residence of the offender, if the offender has only
one residence in this state.
b. The residence at which the offender resides, sleeps, or
habitually lives for more days per year than another residence in
this state, if the offender has more than one residence in this
state.
c. The place of employment or attendance as a student, or
both, if the sex offender does not have a residence in this state.
21. "Professional licensing information" means the name or
other description, number, if applicable, and issuing authority or
agency of any license, certification, or registration required by law
to engage in a profession or occupation held by a sex offender who is
required at the time of the initial requirement to register under
this chapter, or any such license, certification, or registration
that was issued to an offender within the five-year period prior to
conviction for a sex offense that requires registration under this
chapter, or any such license, certification, or registration that is
issued to an offender at any time during the duration of the
registration requirement.
22. "Public library" means any library that receives
financial support from a city or county pursuant to section 256.69.
23. a. "Relevant information" means the following information
with respect to a sex offender:
(1) Criminal history, including warrants, articles, status of
parole, probation, or supervised release, date of arrest, date of
conviction, and registration status.
(2) Date of birth.
(3) Passport and immigration documents.
(4) Government issued driver's license or identification card.
(5) DNA sample.
(6) Educational institutions attended as a student, including the
name and address of such institutions.
(7) Employment information including name and address of
employer.
(8) Fingerprints.
(9) Internet identifiers.
(10) Names, nicknames, aliases, or ethnic or tribal names, and if
applicable, the real names of an offender protected under 18 U.S.C. §
3521.
(11) Palm prints.
(12) Photographs.
(13) Physical description, including scars, marks, or tattoos.
(14) Professional licensing information.
(15) Residence.
(16) Social security number.
(17) Telephone numbers, including any landline or wireless
numbers.
(18) Temporary lodging information, including dates when residing
in temporary lodging.
(19) Statutory citation and text of offense committed that
requires registration under this chapter.
(20) Vehicle information for a vehicle owned or operated by an
offender including license plate number, registration number, or
other identifying number, vehicle description, and the permanent or
frequent locations where the vehicle is parked, docked, or otherwise
kept.
(21) The name, gender, and date of birth of each person residing
in the residence.
b. "Relevant information" does not include relevant
information in paragraph "a", subparagraphs (1) and (19), when a
sex offender is required to provide relevant information pursuant to
this chapter.
24. "Residence" means each dwelling or other place where a
sex offender resides, sleeps, or habitually lives, or will reside,
sleep, or habitually live, including a shelter or group home. If a
sex offender does not reside, sleep, or habitually live in a fixed
place, "residence" means a description of the locations where the
offender is stationed regularly, including any mobile or transitory
living quarters. "Residence" shall be construed to refer to the
places where a sex offender resides, sleeps, habitually lives, or is
stationed with regularity, regardless of whether the offender
declares or characterizes such place as the residence of the
offender.
25. "Sex act" means as defined in section 702.17.
26. "Sex offender" means a person who is required to be
registered under this chapter.
27. "Sex offense" means an indictable offense for which a
conviction has been entered that has an element involving a sexual
act, sexual contact, or sexual conduct, and which is enumerated in
section 692A.102, and means any comparable offense for which a
conviction has been entered under prior law, or any comparable
offense for which a conviction has been entered in a federal,
military, or foreign court, or another jurisdiction.
28. "Sex offense against a minor" means an offense for which
a conviction has been entered for a sex offense classified as a tier
I, tier II, or tier III offense under this chapter if such offense
was committed against a minor, or otherwise involves a minor.
29. "Sexually violent offense" means an offense for which a
conviction has been entered for any of the following indictable
offenses:
a. Sexual abuse as defined under section 709.1.
b. Assault with intent to commit sexual abuse in violation of
section 709.11.
c. Sexual misconduct with offenders and juveniles in
violation of section 709.16.
d. Any of the following offenses, if the offense involves
sexual abuse or assault with intent to commit sexual abuse: murder,
attempted murder, kidnapping, burglary, or manslaughter.
e. A criminal offense committed in another jurisdiction,
including a conviction in a federal, military, or foreign court,
which would constitute an indictable offense under paragraphs "a"
through "d" if committed in this state.
30. "Sexually violent predator" means a sex offender who has
been convicted of an offense which would qualify the offender as a
sexually violent predator under the federal Violent Crime Control and
Law Enforcement Act of 1994, 42 U.S.C. § 14071(a)(3)(B), (C), (D),
and (E).
31. "SORNA" means the Sex Offender Registration and
Notification Act, which is Tit. I of the federal Adam Walsh Child
Protection and Safety Act of 2006.
32. "Student" means a sex offender who enrolls in or
otherwise receives instruction at an educational institution,
including a public or private elementary school, secondary school,
trade or professional school, or institution of higher education.
"Student" does not mean a sex offender who enrolls in or attends
an educational institution as a correspondence student, distance
learning student, or any other form of learning that occurs without
physical presence on the real property of an educational institution.
33. "Superintendent" means the superintendent or
superintendent's designee of a public school or the authorities in
charge of a nonpublic school.
34. "Vehicle" means a vehicle owned or operated by an
offender, including but not limited to a vehicle for personal or
work-related use, and including a watercraft or aircraft, that is
subject to registration requirements under chapter 321, 328, or 462A.
Section History: Recent Form
2009 Acts, ch 119, §1
Referred to in § 232.116, 598.41A, 600A.8, 692A.109
692A.102 SEX OFFENSE CLASSIFICATIONS.
1. For purposes of this chapter, all individuals required to
register shall be classified as a tier I, tier II, or tier III
offender. For purposes of this chapter, sex offenses are classified
into the following tiers:
a. Tier I offenses include a conviction for the following sex
offenses:
(1) Sexual abuse in the second degree in violation of section
709.3, subsection 2, if committed by a person under the age of
fourteen.
(2) Sexual abuse in the third degree in violation of section
709.4, subsection 1, 3, or 4, if committed by a person under the age
of fourteen.
(3) Sexual abuse in the third degree in violation of section
709.4, subsection 2, paragraph "a" or "b", if committed by a
person under the age of fourteen.
(4) Sexual abuse in the third degree in violation of section
709.4, subsection 2, paragraph "c".
(5) Indecent exposure in violation of section 709.9.
(6) Harassment in violation of section 708.7, subsection 1, 2, or
3, if a determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(7) Stalking in violation of section 708.11, except a violation
of subsection 3, paragraph "b", subparagraph (3), if a
determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(8) (a) Dissemination or exhibition of obscene material to minors
in violation of section 728.2 or telephone dissemination of obscene
material to minors in violation of 728.15.
(b) Rental or sale of hard-core pornography, if delivery is to a
minor, in violation of section 728.4.
(9) Admitting minors to premises where obscene material is
exhibited in violation of section 728.3.
(10) Receipt or possession of child pornography in violation of
18 U.S.C. § 2252.
(11) Material containing child pornography in violation of 18
U.S.C. § 2252A.
(12) Misleading domain names on the internet in violation of 18
U.S.C. § 2252B.
(13) Misleading words or digital images on the internet in
violation of section 18 U.S.C. § 2252C.
(14) Failure to file a factual statement about an alien
individual in violation of 18 U.S.C. § 2424.
(15) Transmitting information about a minor to further criminal
sexual conduct in violation of 18 U.S.C. § 2425.
(16) Any sex offense specified in the laws of another
jurisdiction or any sex offense that may be prosecuted in federal,
military, or foreign court, that is comparable to an offense listed
in subparagraphs (1) through (15).
(17) Any sex offense under the prior laws of this state or
another jurisdiction, or any sex offense under prior law that was
prosecuted in a federal, military, or foreign court, that is
comparable to an offense listed in subparagraphs (1) through (15).
b. Tier II offenses include a conviction for the following
sex offenses:
(1) Detention in brothel in violation of section 709.7.
(2) Lascivious acts with a child in violation of section 709.8,
subsection 3 or 4.
(3) Solicitation of a minor to engage in an illegal sex act in
violation of section 705.1.
(4) Solicitation of a minor to engage in an illegal act under
section 709.8, subsection 3, in violation of section 705.1.
(5) Solicitation of a minor to engage in an illegal act under
section 709.12, in violation of section 705.1.
(6) False imprisonment of a minor in violation of section 710.7,
except if committed by a parent.
(7) Assault with intent to commit sexual abuse if no injury
results in violation of section 709.11.
(8) Invasion of privacy-nudity in violation of section 709.21.
(9) Stalking in violation of section 708.11, subsection 3,
paragraph "b", subparagraph (3), if a determination is made that
the offense was sexually motivated pursuant to section 692A.126.
(10) Indecent contact with a child in violation of section
709.12, if the child is thirteen years of age.
(11) Lascivious conduct with a minor in violation of section
709.14.
(12) Sexual exploitation by a counselor, therapist, or school
employee in violation of section 709.15, if the victim is thirteen
years of age or older.
(13) Sexual misconduct with offenders and juveniles in violation
of section 709.16, if the victim is thirteen years of age or older.
(14) Kidnapping of a person who is not a minor in violation of
section 710.2, 710.3, or 710.4, if a determination is made that the
offense was sexually motivated pursuant to section 692A.126.
(15) Solicitation of a minor to engage in an illegal act under
section 725.3, subsection 2, in violation of section 705.1.
(16) Incest committed against a dependent adult as defined in
section 235B.2 in violation of section 726.2.
(17) Incest committed against a minor in violation of section
726.2.
(18) Sexual exploitation of a minor in violation of section
728.12, subsection 2 or 3.
(19) Material involving the sexual exploitation of a minor in
violation of 18 U.S.C. § 2252(a), except receipt or possession of
child pornography.
(20) Production of sexually explicit depictions of a minor for
import into the United States in violation of 18 U.S.C. § 2260.
(21) Transportation of a minor for illegal sexual activity in
violation of 18 U.S.C. § 2421.
(22) Coercion and enticement of a minor for illegal sexual
activity in violation of 18 U.S.C. § 2422(a) or (b).
(23) Transportation of minors for illegal sexual activity in
violation of 18 U.S.C. § 2423(a).
(24) Travel with the intent to engage in illegal sexual conduct
with a minor in violation of 18 U.S.C. § 2423.
(25) Engaging in illicit sexual conduct in foreign places in
violation of 18 U.S.C. § 2423(c).
(26) Video voyeurism of a minor in violation of 18 U.S.C. § 1801.
(27) Any sex offense specified in the laws of another
jurisdiction or any offense that may be prosecuted in a federal,
military, or foreign court, that is comparable to an offense listed
in subparagraphs (1) through (26).
(28) Any sex offense under the prior laws of this state or
another jurisdiction, or any sex offense under prior law that was
prosecuted in a federal, military, or foreign court, that is
comparable to a sex offense listed in subparagraphs (1) through (26).
c. Tier III offenses include a conviction for the following
sex offenses:
(1) Murder in violation of section 707.2 or 707.3 if sexual abuse
as defined in section 709.1 is committed during the commission of the
offense.
(2) Murder in violation of section 707.2 or 707.3, if a
determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(3) Voluntary manslaughter in violation of section 707.4, if a
determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(4) Involuntary manslaughter in violation of section 707.5, if a
determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(5) Attempt to commit murder in violation of section 707.11, if a
determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(6) Sexual abuse in the first degree in violation of section
709.2.
(7) Sexual abuse in the second degree in violation of section
709.3, subsection 1 or 3.
(8) Sexual abuse in the second degree in violation of section
709.3, subsection 2, if committed by a person fourteen years of age
or older.
(9) Sexual abuse in the third degree in violation of section
709.4, subsection 1, 3, or 4, if committed by a person fourteen years
of age or older.
(10) Sexual abuse in the third degree in violation of section
709.4, subsection 2, paragraph "a" or "b", if committed by a
person fourteen years of age or older.
(11) Lascivious acts with a child in violation of section 709.8,
subsection 1 or 2.
(12) Kidnapping in violation of section 710.2 if sexual abuse as
defined in section 709.1 is committed during the commission of the
offense.
(13) Kidnapping of a minor in violation of section 710.2, 710.3,
or 710.4, if a determination is made that the offense was sexually
motivated pursuant to section 692A.126.
(14) Assault with intent to commit sexual abuse resulting in
serious or bodily injury in violation of section 709.11.
(15) Burglary in the first degree in violation of section 713.3,
subsection 1, paragraph "d".
(16) Any other burglary in the first degree offense in violation
of section 713.3 that is not included in subparagraph (15), if a
determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(17) Attempted burglary in the first degree in violation of
section 713.4, if a determination is made that the offense was
sexually motivated pursuant to section 692A.126.
(18) Burglary in the second degree in violation of section 713.5,
if a determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(19) Attempted burglary in the second degree in violation of
section 713.6, if a determination is made that the offense was
sexually motivated pursuant to section 692A.126.
(20) Burglary in the third degree in violation of section 713.6A,
if a determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(21) Attempted burglary in the third degree in violation of
section 713.6B, if a determination is made that the offense was
sexually motivated pursuant to section 692A.126.
(22) Criminal transmission of human immunodeficiency virus in
violation of section 709C.1, subsection 1, paragraph "a".
(23) Human trafficking in violation of section 710A.2 if sexual
abuse or assault with intent to commit sexual abuse is committed or
sexual conduct or sexual contact is an element of the offense.
(24) Purchase or sale of an individual in violation of section
710.11 if a determination is made that the offense was sexually
motivated pursuant to section 692A.126.
(25) Sexual exploitation of a minor in violation of section
728.12, subsection 1.
(26) Indecent contact with a child in violation of section 709.12
if the child is under thirteen years of age.
(27) Sexual exploitation by a counselor, therapist, or school
employee in violation of section 709.15, if the child is under
thirteen years of age.
(28) Sexual misconduct with offenders and juveniles in violation
of section 709.16, if the child is under thirteen years of age.
(29) Child stealing in violation of section 710.5, if a
determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(30) Enticing away a minor in violation of section 710.10, if the
violation includes an intent to commit sexual abuse, sexual
exploitation, sexual contact, or sexual conduct directed towards a
minor.
(31) Sex trafficking of children in violation of 18 U.S.C. §
1591.
(32) Aggravated sexual abuse in violation of 18 U.S.C. § 2241.
(33) Sexual abuse in violation of 18 U.S.C. § 2242.
(34) Sexual abuse of a minor or ward in violation of 18 U.S.C. §
2243.
(35) Abusive sexual contact in violation of 18 U.S.C. § 2244.
(36) Offenses resulting in death in violation of 18 U.S.C. §
2245.
(37) Sexual exploitation of children in violation of 18 U.S.C. §
2251.
(38) Selling or buying of children in violation of 18 U.S.C. §
2251A.
(39) Any sex offense specified in the laws of another
jurisdiction or any sex offense that may be prosecuted in federal,
military, or foreign court, that is comparable to an offense listed
in subparagraphs (1) through (38).
(40) Any sex offense under the prior laws of this state or
another jurisdiction, or any sex offense under prior law that was
prosecuted in federal, military, or foreign court, that is comparable
to a sex offense listed in subparagraphs (1) through (38).
2. A sex offender classified as a tier I offender shall be
reclassified as a tier II offender, if it is determined the offender
has one previous conviction for an offense classified as a tier I
offense.
3. A sex offender classified as a tier II offender, shall be
reclassified as a tier III offender, if it is determined the offender
has a previous conviction for a tier II offense or has been
reclassified as a tier II offender because of a previous conviction.
4. Notwithstanding the classifications of sex offenses in
subsection 1, any sex offense which would qualify a sex offender as a
sexually violent predator shall be classified as a tier III offense.
5. An offense classified as a tier II offense if committed
against a person under thirteen years of age shall be reclassified as
a tier III offense.
6. Convictions of more than one sex offense which require
registration under this chapter but which are prosecuted within a
single indictment shall be considered as a single offense for
purposes of registration. Section History: Recent Form
2009 Acts, ch 119, §2
Referred to in § 692A.101, 692A.125
692A.103 OFFENDERS REQUIRED TO REGISTER.
1. A person who has been convicted of any sex offense classified
as a tier I, tier II, or tier III offense, or an offender required to
register in another jurisdiction under the other jurisdiction's sex
offender registry, shall register as a sex offender as provided in
this chapter if the offender resides, is employed, or attends school
in this state. A sex offender shall, upon a first or subsequent
conviction, register in compliance with the procedures specified in
this chapter, for the duration of time specified in this chapter,
commencing as follows:
a. From the date of placement on probation.
b. From the date of release on parole or work release.
c. From the date of release from incarceration.
d. Except as otherwise provided in this section, from the
date an adjudicated delinquent is released from placement in a
juvenile facility ordered by a court pursuant to section 232.52.
e. Except as otherwise provided in this section, from the
date an adjudicated delinquent commences attendance as a student at a
public or private educational institution, other than an educational
institution located on the real property of a juvenile facility if
the juvenile has been ordered placed at such facility pursuant to
section 232.52.
f. From the date of conviction for a sex offense requiring
registration if probation, incarceration, or placement ordered
pursuant to section 232.52 in a juvenile facility is not included in
the sentencing, order, or decree of the court, except as otherwise
provided in this section for juvenile cases.
2. A sex offender is not required to register while incarcerated.
However, the running of the period of registration is tolled pursuant
to section 692A.107 if a sex offender is incarcerated.
3. A juvenile adjudicated delinquent for an offense that requires
registration shall be required to register as required in this
chapter unless the juvenile court waives the requirement and finds
that the person should not be required to register under this
chapter.
4. Notwithstanding subsections 3 and 5, a juvenile fourteen years
of age or older at the time the offense was committed shall be
required to register if the adjudication was for an offense committed
by force or the threat of serious violence, by rendering the victim
unconscious, or by involuntary drugging of the victim. At the time
of adjudication the judge shall make a determination as to whether
the offense was committed by force or the threat of serious violence,
by rendering the victim unconscious, or by involuntary drugging of
the victim.
5. If a juvenile is required to register pursuant to subsection
3, the juvenile court may, upon motion of the juvenile, and after
reasonable notice to the parties and hearing, modify or suspend the
registration requirements if good cause is shown.
a. The motion to modify or suspend shall be made and the
hearing shall occur prior to the discharge of the juvenile from the
jurisdiction of the juvenile court for the sex offense that requires
registration.
b. If at the time of the hearing the juvenile is
participating in an appropriate outpatient treatment program for
juvenile sex offenders, the juvenile court may enter orders
temporarily suspending the requirement that the juvenile register and
may defer entry of a final order on the matter until such time that
the juvenile has completed or been discharged from the outpatient
treatment program.
c. Final orders shall then be entered within thirty days from
the date of the juvenile's completion or discharge from outpatient
treatment.
d. Any order entered pursuant to this subsection that
modifies or suspends the requirement to register shall include
written findings stating the reason for the modification or
suspension, and shall include appropriate restrictions upon the
juvenile to protect the public during any period of time the registry
requirements are modified or suspended. Upon entry of an order
modifying or suspending the requirement to register, the juvenile
court shall notify the superintendent or the superintendent's
designee where the juvenile is enrolled of the decision.
e. This subsection does not apply to a juvenile fourteen
years of age or older at the time the offense was committed if the
adjudication was for a sex offense committed by force or the threat
of serious violence, by rendering the victim unconscious, or by
involuntary drugging of the victim.
6. If a juvenile is required to register and the court later
modifies or suspends the order regarding the requirement to register,
the court shall notify the department within five days of the
decision. Section History: Recent Form
2009 Acts, ch 119, §3
Referred to in § 692A.104, 692A.106
692A.104 REGISTRATION PROCESS.
1. A sex offender shall appear in person to register with the
sheriff of each county where the offender has a residence, maintains
employment, or is in attendance as a student, within five business
days of being required to register under section 692A.103 by
providing all relevant information to the sheriff. A sheriff shall
accept the registration of any person who is required to register in
the county pursuant to the provisions of this chapter.
2. A sex offender shall, within five business days of changing a
residence, employment, or attendance as a student, appear in person
to notify the sheriff of each county where a change has occurred.
3. A sex offender shall, within five business days of a change in
relevant information, other than relevant information enumerated in
subsection 2, notify the sheriff of the county where the principal
residence of the offender is maintained about the change to the
relevant information. The department shall establish by rule what
constitutes proper notification under this subsection.
4. A sex offender who is required to verify information pursuant
to the provisions of section 692A.108 is only required to appear in
person in the county where the principal residence of the offender is
maintained to verify such information.
5. A sex offender shall, within five business days of the
establishment of a residence, employment, or attendance as a student
in another jurisdiction, appear in person to notify the sheriff of
the county where the principal residence of the offender is
maintained, about the establishment of a residence, employment, or
attendance in another jurisdiction. A sex offender shall, within
five business days of establishing a new residence, employment, or
attendance as a student in another jurisdiction, register with the
registering agency of the other jurisdiction, if the offender is
required to register under the laws of the other jurisdiction. The
department shall notify the registering agency in the other
jurisdiction of the sex offender's new residence, employment, or
attendance as a student in the other jurisdiction.
6. A sex offender, who has multiple residences in this state,
shall appear in person to notify the sheriff of each county where a
residence is maintained, of the dates the offender will reside at
each residence including the date when the offender will move from
one residence to another residence.
7. Except as provided in subsection 8, the initial or subsequent
registration and any notifications required in subsections 1, 2, 4,
5, and 6 shall be by appearance at the sheriff's office and
completion of the initial or subsequent registration or notification
shall be on a printed form, which shall be signed and dated by the
sex offender. If the sheriff uses an electronic form to complete the
initial registration or notification, the electronic form shall be
printed upon completion and signed and dated by the sex offender.
The sheriff shall transmit the registration or notification form
completed by the sex offender within five business days by paper
copy, or electronically, using procedures established by the
department by rule.
8. The collection of relevant information by a court or releasing
agency under section 692A.109 shall serve as the sex offender's
initial or subsequent registration for purposes of this section.
However, the sex offender shall register by appearing in person in
the county of residence to verify the offender's arrival and relevant
information. The court or releasing agency shall forward a copy of
the registration to the department within five business days of
completion of registration using procedures established by the
department by rule. Section History: Recent Form
2009 Acts, ch 119, §4
Referred to in § 692A.105, 692A.107, 692A.108, 692A.111
692A.105 ADDITIONAL REGISTRATION REQUIREMENTS --
TEMPORARY LODGING.
In addition to the registration provisions specified in section
692A.104, a sex offender, within five business days of a change,
shall also appear in person to notify the sheriff of the county of
principal residence, of any location in which the offender is staying
when away from the principal residence of the offender for more than
five days, by identifying the location and the period of time the
offender is staying in such location. Section History: Recent Form
2009 Acts, ch 119, §5
Referred to in § 692A.107, 692A.108, 692A.111
692A.106 DURATION OF REGISTRATION.
1. Except as otherwise provided in section 232.54, 692A.103, or
692A.128, or this section, the duration of registration required
under this chapter shall be for a period of ten years. The
registration period shall begin as provided in section 692A.103.
2. A sex offender who has been sentenced to a special sentence
under section 903B.1 or 903B.2, shall be required to register for a
period equal to the term of the special sentence, but in no case not
less than the period specified in subsection 1.
3. A sex offender who is convicted of violating any of the
requirements of this chapter shall register for an additional ten
years, commencing from the date the offender's registration would
have expired under subsection 1 or, in the case of an offender who
has been sentenced to a special sentence under section 903B.1 or
903B.2, commencing from the date the offender's registration would
have expired under subsection 2.
4. A sex offender shall, upon a second or subsequent conviction
that requires a second registration, or upon conviction of an
aggravated offense, or who has previously been convicted of one or
more offenses that would have required registration under this
chapter, register for life.
5. A sexually violent predator shall register for life.
6. If a sex offender ceases to maintain a residence, employment,
or attendance as a student in this state, the offender shall no
longer be required to register, and the offender shall be placed on
inactive status and relevant information shall not be placed on the
sex offender registry internet site, after the department verifies
that the offender has complied with the registration requirements in
another jurisdiction. If the sex offender subsequently reestablishes
residence, employment, or attendance as a student in this state, the
registration requirement under this chapter shall apply and the
department shall remove the offender from inactive status and place
any relevant information and any updated relevant information in the
possession of the department on the sex offender registry internet
site. Section History: Recent Form
2009 Acts, ch 119, §6
692A.107 TOLLING OF REGISTRATION PERIOD.
1. If a sex offender is incarcerated during a period of
registration, the running of the period of registration is tolled
until the offender is released from incarceration for that crime.
2. If a sex offender violates any requirements of section
692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or
692A.115, in addition to any criminal penalty prescribed for such
violation, the period of registration is tolled until the offender
complies with the registration provisions of this chapter. Section History: Recent Form
2009 Acts, ch 119, §7
Referred to in § 692A.103
692A.108 VERIFICATION OF RELEVANT INFORMATION.
1. A sex offender shall appear in person in the county of
principal residence after the offender was initially required to
register, to verify residence, employment, and attendance as a
student, to allow the sheriff to photograph the offender, and to
verify the accuracy of other relevant information during the
following time periods after the initial registration:
a. For a sex offender classified as a tier I offender, every
year.
b. For a sex offender classified as a tier II offender, every
six months.
c. For a sex offender classified as a tier III offender,
every three months.
2. A sheriff may require a sex offender to appear in person more
frequently than provided in subsection 1 to verify relevant
information if good cause is shown. The circumstances under which
more frequent appearances are required shall be reasonable,
documented by the sheriff, and provided to the offender and the
department in writing. Any modification to such requirement shall
also be provided to the sex offender and the department in writing.
3. a. At least thirty days prior to an appearance for the
verification of relevant information as required by this section, the
department shall mail notification of the required appearance to each
reported residence of the sex offender. The department shall not be
required to mail notification to any sex offender if the residence
described or listed in the sex offender's relevant information is
insufficient for the delivery of mail.
b. The notice shall state that the sex offender shall appear
in person in the county of principal residence on or before a date
specified in the notice to verify and update relevant information.
The notice shall not be forwarded to another address and shall be
returned to the department if the sex offender no longer resides at
the address.
4. A photograph of the sex offender shall be updated, at a
minimum, annually. The sheriff shall send the updated photograph to
the department using procedures established by the department by rule
within five business days of the photograph being taken and the
department shall post the updated photograph on the sex offender
registry's internet site. The sheriff may require the sex offender
to submit to being photographed, fingerprinted, or palm printed, more
than once per year during any required appearance to verify relevant
information.
5. The sheriff may make a reasonable modification to the date
requiring a sex offender to make an appearance based on exigent
circumstances including man-made or natural disasters. The sheriff
shall notify the department of any modification using procedures
established by the department by rule.
6. A waiver of the next immediate in-person verification pursuant
to this section may be granted at the discretion of the sheriff, if
the sex offender appears in person at the sheriff's office because of
changes to relevant information pursuant to section 692A.104 or
692A.105, and if the in-person verification pursuant to this section
is within thirty days of such in-person appearance. If a waiver is
granted, the sheriff shall notify the department of granting the
waiver. Section History: Recent Form
2009 Acts, ch 119, §8
Referred to in § 692A.104, 692A.107, 692A.111
692A.109 DUTY TO FACILITATE REGISTRATION.
1. When a sex offender is released from incarceration from a
jail, prison, juvenile facility, or other correctional institution or
facility, or when the offender is convicted but not incarcerated, the
sheriff, warden, or superintendent of a facility or, in the case of
release from foster care or residential treatment or conviction
without incarceration, the court shall do the following prior to
release or sentencing of the convicted offender:
a. Obtain all relevant information from the sex offender.
Additional information for a sex offender required to register as a
sexually violent predator shall include but not be limited to other
identifying factors, anticipated future places of residence, offense
history, and documentation of any treatment received by the person
for a mental abnormality or personality disorder.
b. Inform the sex offender of the duty to register under this
chapter and SORNA and ensure registration forms are completed and
signed.
c. Inform the sex offender that, within five business days of
changing a residence, employment, or attendance as a student, an
appearance is required before the sheriff in the county where the
change occurred.
d. Inform the sex offender that, within five business days of
a change in relevant information other than a change of residence,
employment, or attendance as a student, the sex offender shall
notify, in a manner prescribed by rule, the sheriff of the county of
principal residence of the change.
e. Inform the sex offender that if the offender establishes
residence in another jurisdiction, or becomes employed, or becomes a
student in another jurisdiction, the offender must report the
offender's new residence, employment, or attendance as a student, to
the sheriff's office in the county of the offender's principal
residence within five business days, and that, if the other
jurisdiction has a registration requirement, the offender shall also
be required to register in such jurisdiction.
f. Require the sex offender to read and sign a form stating
that the duty of the offender to register under this chapter has been
explained and the offender understands the registration requirement.
If the sex offender cannot read, is unable to write, or refuses to
cooperate, the duty and the form shall be explained orally and a
written record shall be maintained by the sheriff, warden,
superintendent of a facility, or court explaining the duty and the
form.
g. Inform the sex offender who was convicted of a sex offense
against a minor of the prohibitions established under section
692A.113 by providing the offender with a written copy of section
692A.113 and relevant definitions of section 692A.101.
h. Inform the sex offender who was convicted of an aggravated
offense against a minor of the prohibitions established under section
692A.114 by providing the offender with a written copy of section
692A.114 and relevant definitions of section 692A.101.
i. Inform the sex offender that the offender must submit to
being photographed by the sheriff of any county in which the offender
is required to register upon initial registration and during any
appearance to verify relevant information required under this
chapter.
j. Inform the sex offender that any violation of this chapter
may result in state or federal prosecution.
2. a. When a sex offender is released from incarceration from
a jail, prison, juvenile facility, or other correctional institution
or facility, or when the offender is convicted but not incarcerated,
the sheriff, warden, superintendent of a facility, or court shall
verify that the person has completed initial or subsequent
registration forms, and accept the forms on behalf of the sheriff of
the county of registration. The sheriff, warden, superintendent of a
facility, or the court shall send the initial or subsequent
registration information to the department within five business days
of completion of the registration. Probation, parole, work release,
or any other form of release after conviction shall not be granted
unless the offender has registered as required under this chapter.
b. If the sex offender refuses to register, the sheriff,
warden, superintendent of a facility, or court shall notify within
five business days the county attorney in the county in which the
offender was convicted or, if the offender no longer resides in that
county, in the county in which the offender resides of the refusal to
register. The county attorney shall bring a contempt of court action
against the sex offender in the county in which the offender was
convicted or, if the offender no longer resides in that county, in
the county in which the offender resides. A sex offender who refuses
to register shall be held in contempt and may be incarcerated
pursuant to the provisions of chapter 665 following the entry of
judgment by the court on the contempt action until the offender
complies with the registration requirements.
3. The sheriff, warden, or superintendent of a facility, or if
the sex offender is placed on probation, the court shall forward one
copy of the registration information to the department and to the
sheriff of the county in which the principal residence is established
within five business days after completion of the registration.
4. The court may order an appropriate law enforcement agency or
the county attorney to assist the court in performing the
requirements of subsection 1 or 2. Section History: Recent Form
2009 Acts, ch 119, §9
Referred to in § 692A.104
692A.110 REGISTRATION FEES AND CIVIL PENALTY FOR
OFFENDERS.
1. A sex offender shall pay an annual fee in the amount of
twenty-five dollars to the sheriff of the county of principal
residence, beginning with the first required in-person appearance at
the sheriff's office after July 1, 2009. If the sex offender has
more than one principal residence in this state, the offender shall
pay the annual fee in the county where the offender is first required
to appear in person after July 1, 2009. The sheriff shall accept the
registration. If, at the time of registration, the sex offender is
unable to pay the fee, the sheriff may allow the offender time to pay
the fee, permit the payment of the fee in installments, or may waive
payment of the fee. Fees paid to the sheriff shall be used to defray
the costs of duties related to the registration of sex offenders
under this chapter.
2. In addition to any other penalty, at the time of conviction
for a public offense committed on or after July 1, 1995, which
requires a sex offender to register under this chapter, the offender
shall be assessed a civil penalty of two hundred dollars, to be
payable to the clerk of the district court as provided in section
602.8105 and distributed as provided in section 602.8108. With
respect to a conviction for a public offense committed on or after
July 1, 2009, which requires a sex offender to register under this
chapter, the offender shall be assessed a civil penalty of two
hundred fifty dollars, payable to the clerk of the district court as
provided in section 602.8105 and distributed as provided in section
602.8108.
3. The fee and penalty required by this section shall not be
assessed against a person who has been acquitted by reason of
insanity of the offense which requires registration under this
chapter. Section History: Recent Form
2009 Acts, ch 119, §10
Referred to in § 602.8105, 602.8108, 692A.119
692A.111 FAILURE TO COMPLY -- PENALTY.
1. A sex offender who violates any requirements of section
692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or
692A.115 commits an aggravated misdemeanor for a first offense and a
class "D" felony for a second or subsequent offense. However, a sex
offender convicted of an aggravated offense against a minor, a sex
offense against a minor, or a sexually violent offense committed
while in violation of any of the requirements specified in section
692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or
692A.115 is guilty of a class "C" felony, in addition to any other
penalty provided by law. Any fine imposed for a second or subsequent
violation shall not be suspended. Notwithstanding section 907.3, the
court shall not defer judgment or sentence for any violation of any
requirements specified in this chapter. For purposes of this
subsection, a violation occurs when a sex offender knows or
reasonably should know of the duty to fulfill a requirement specified
in this chapter as referenced in the offense charged.
2. Violations in any other jurisdiction under sex offender
registry provisions that are substantially similar to those contained
in this section shall be counted as previous offenses. The court
shall judicially notice the statutes of other states which are
substantially similar to this section.
3. A sex offender who violates any provision of this chapter may
be prosecuted in any county where registration is required by the
provisions of this chapter. Section History: Recent Form
2009 Acts, ch 119, §11
692A.112 KNOWINGLY PROVIDING FALSE INFORMATION.
A sex offender shall not knowingly provide false information upon
registration, change of relevant information, or during an appearance
to verify relevant information. Section History: Recent Form
2009 Acts, ch 119, §12
Referred to in § 692A.107, 692A.111
692A.113 EXCLUSION ZONES AND PROHIBITION OF CERTAIN
EMPLOYMENT-RELATED ACTIVITIES.
1. A sex offender who has been convicted of a sex offense against
a minor shall not do any of the following:
a. Be present upon the real property of a public or nonpublic
elementary or secondary school without the written permission of the
school administrator or school administrator's designee, unless
enrolled as a student at the school.
b. Loiter within three hundred feet of the real property
boundary of a public or nonpublic elementary or secondary school,
unless enrolled as a student at the school.
c. Be present on or in any vehicle or other conveyance owned,
leased, or contracted by a public or nonpublic elementary or
secondary school without the written permission of the school
administrator or school administrator's designee when the vehicle is
in use to transport students to or from a school or school-related
activities, unless enrolled as a student at the school or unless the
vehicle is simultaneously made available to the public as a form of
public transportation.
d. Be present upon the real property of a child care facility
without the written permission of the child care facility
administrator.
e. Loiter within three hundred feet of the real property
boundary of a child care facility.
f. Be present upon the real property of a public library
without the written permission of the library administrator.
g. Loiter within three hundred feet of the real property
boundary of a public library.
h. Loiter on or within three hundred feet of the premises of
any place intended primarily for the use of minors including but not
limited to a playground available to the public, a children's play
area available to the public, recreational or sport-related activity
area when in use by a minor, a swimming or wading pool available to
the public when in use by a minor, or a beach available to the public
when in use by a minor.
2. A sex offender who has been convicted of a sex offense against
a minor:
a. Who resides in a dwelling located within three hundred
feet of the real property boundary of public or nonpublic elementary
or secondary school, child care facility, public library, or place
intended primarily for the use of minors as specified in subsection
1, paragraph "h", shall not be in violation of subsection 1 for
having an established residence within the exclusion zone.
b. Who is the parent or legal guardian of a minor shall not
be in violation of subsection 1 solely during the period of time
reasonably necessary to transport the offender's own minor child or
ward to or from a place specified in subsection 1.
c. Who is legally entitled to vote shall not be in violation
of subsection 1 solely for the period of time reasonably necessary to
exercise the right to vote in a public election if the polling
location of the offender is located in a place specified in
subsection 1.
3. A sex offender who has been convicted of a sex offense against
a minor shall not do any of the following:
a. Operate, manage, be employed by, or act as a contractor or
volunteer at any municipal, county, or state fair or carnival when a
minor is present on the premises.
b. Operate, manage, be employed by, or act as a contractor or
volunteer on the premises of any children's arcade, an amusement
center having coin or token operated devices for entertainment, or
facilities providing programs or services intended primarily for
minors, when a minor is present.
c. Operate, manage, be employed by, or act as a contractor or
volunteer at a public or nonpublic elementary or secondary school,
child care facility, or public library.
d. Operate, manage, be employed by, or act as a contractor or
volunteer at any place intended primarily for use by minors including
but not limited to a playground, a children's play area, recreational
or sport-related activity area, a swimming or wading pool, or a
beach. Section History: Recent Form
2009 Acts, ch 119, §13
Referred to in § 692A.107, 692A.109, 692A.111, 692A.121, 692A.129
692A.114 RESIDENCY RESTRICTIONS -- PRESENCE -- CHILD
CARE FACILITIES AND SCHOOLS.
1. As used in this section:
a. "Minor" means a person who is under eighteen years of age
or who is enrolled in a secondary school.
b. "School" means a public or nonpublic elementary or
secondary school.
c. "Sex offender" means a person required to be registered
under this chapter who has been convicted of an aggravated offense
against a minor.
2. A sex offender shall not reside within two thousand feet of
the real property comprising a school or a child care facility.
3. A sex offender residing within two thousand feet of the real
property comprising a school or a child care facility does not commit
a violation of this section if any of the following apply:
a. The sex offender is required to serve a sentence at a
jail, prison, juvenile facility, or other correctional institution or
facility.
b. The sex offender is subject to an order of commitment
under chapter 229A.
c. The sex offender has established a residence prior to July
1, 2002.
d. The sex offender has established a residence prior to any
newly located school or child care facility being established.
e. The sex offender is a minor.
f. The sex offender is a ward in a guardianship, and a
district judge or associate probate judge grants an exemption from
the residency restriction.
g. The sex offender is a patient or resident at a health care
facility as defined in section 135C.1 or a patient in a hospice
program, and a district judge or associate probate judge grants an
exemption from the residency restriction. Section History: Recent Form
2009 Acts, ch 119, §14
Referred to in § 692A.107, 692A.109, 692A.111, 692A.121, 692A.129
692A.115 EMPLOYMENT WHERE DEPENDENT ADULTS RESIDE.
A sex offender shall not be an employee of a facility providing
services for dependent adults or at events where dependent adults
participate in programming and shall not loiter on the premises or
grounds of a facility or at an event providing such services or
programming. Section History: Recent Form
2009 Acts, ch 119, §15
Referred to in § 692A.107, 692A.111
692A.116 DETERMINATION OF REQUIREMENT TO REGISTER.
1. An offender may request that the department determine whether
the offense for which the offender has been convicted requires the
offender to register under this chapter or whether the period of time
during which the offender is required to register under this chapter
has expired.
2. Application for determination shall be filed with the
department and shall be made on forms provided by the department and
accompanied by copies of sentencing or adjudicatory orders with
respect to each offense for which the offender asks that a
determination be made.
3. The department, after filing of the request and after all
documentation or information requested by the department is received,
shall have ninety days from the filing of the request, to determine
whether the offender is required to register under this chapter. Section History: Recent Form
2009 Acts, ch 119, §16
692A.117 REGISTRATION FORMS AND ELECTRONIC
REGISTRATION SYSTEM.
1. Registration forms and an electronic registration system shall
be made available by the department.
2. Copies of blank forms shall be available upon request to any
registering agency. Section History: Recent Form
2009 Acts, ch 119, §17
692A.118 DEPARTMENT DUTIES -- REGISTRY.
The department shall perform all of the following duties:
1. Develop an electronic system and standard forms for use in the
registration of, verifying addresses of, and verifying understanding
of registration requirements by sex offenders. Forms used to verify
addresses of sex offenders shall contain a warning against forwarding
a form to another address and of the requirement to return the form
if the offender to whom the form is directed no longer resides at the
address listed on the form or the mailing.
2. Maintain a central registry of information collected from sex
offenders, which shall be known as the sex offender registry.
3. In consultation with the attorney general, adopt rules under
chapter 17A which list specific offenses under present and former law
which constitute sex offenses or sex offenses against a minor under
this chapter.
4. Adopt rules under chapter 17A, as necessary, to ensure
compliance with registration and verification requirements of this
chapter, to provide guidelines for persons required to assist in
obtaining registry information, and to provide a procedure for the
dissemination of information contained in the registry. The
procedure for the dissemination of information shall include but not
be limited to practical guidelines for use by criminal or juvenile
justice agencies in determining when public release of relevant
information contained in the registry is appropriate and a
requirement that if a member of the general public requests
information regarding a specific individual in the manner provided in
section 692A.121, the relevant information shall be released. The
department, in developing the procedure, shall consult with
associations which represent the interests of law enforcement
officers. Rules adopted shall also include a procedure for removal
of information from the registry upon the reversal or setting aside
of a conviction of an offender.
5. Submit sex offender registry data to the federal bureau of
investigation for entry of the data into the national sex offender
registry.
6. Perform the requirements under this chapter and under federal
law in cooperation with the office of sex offender sentencing,
monitoring, apprehending, registering, and tracking of the office of
justice programs of the United States department of justice.
7. Enter and maintain fingerprints and palm prints of sex
offenders in an automated fingerprint identification system
maintained by the department and made accessible to law enforcement
agencies in this state, of the federal government, or in another
jurisdiction. The department or any law enforcement agency may use
such prints for criminal investigative purposes, to include
comparison against finger and palm prints identified or recovered as
evidence in a criminal investigation.
8. Notify a jurisdiction that provided information that a sex
offender has or intends to maintain a residence, employment, or
attendance as a student, in this state, of the failure of the sex
offender to register as required under this chapter.
9. Submit a DNA sample to the combined DNA index system, if a
sample has not been submitted.
10. Submit the social security number to the national crime
information center, if the number has not been submitted.
11. When the department has a reasonable basis to believe that a
sex offender has changed residence to an unknown location, has become
a fugitive from justice, or who has otherwise taken flight, the
department shall make a reasonable effort to ascertain the
whereabouts of the offender, and if such effort fails to identify the
location of the offender, an appropriate notice shall be made on the
sex offender registry internet site of this state and shall be
transmitted to the national sex offender registry. The department
shall notify other law enforcement agencies as deemed appropriate.
12. The department shall notify appropriate law enforcement
agencies including the United States marshal service to investigate
and verify possible violations. The department shall ensure any
warrants for arrest are entered into the Iowa online warrant and
articles system and the national crime information center and pursue
prosecution of stated violations through state or federal court. Section History: Recent Form
2009 Acts, ch 119, §18
692A.119 SEX OFFENDER REGISTRY FUND.
A sex offender registry fund is established as a separate fund
within the state treasury under the control of the department. The
fund shall consist of moneys received as a result of the imposition
of the penalty imposed under section 692A.110 and other funds
allocated for purposes of establishing and maintaining the sex
offender registry, conducting research and analysis related to sex
crimes and offenders, and to perform other duties required under this
chapter. Notwithstanding section 8.33, unencumbered or unobligated
moneys and any interest remaining in the fund on June 30 of any
fiscal year shall not revert to the general fund of the state, but
shall remain available for expenditure in subsequent fiscal years.
Section History: Recent Form
2009 Acts, ch 119, §19
Referred to in § 602.8108
692A.120 DUTIES OF THE SHERIFF.
The sheriff of each county shall comply with the requirements of
this chapter and rules adopted by the department pursuant to this
chapter. The sheriff of each county shall provide information and
notices as provided in section 282.9. Section History: Recent Form
2009 Acts, ch 119, §20
692A.121 AVAILABILITY OF RECORDS.
1. The department shall maintain an internet site for the public
and others to access relevant information about sex offenders. The
internet site, at a minimum, shall be searchable by name, county,
city, zip code, and geographic radius.
2. The department shall provide updated or corrected relevant
information within five business days of the information being
updated or corrected, from the sex offender registry to the
following:
a. A criminal or juvenile justice agency, an agency of the
state, a sex offender registry of another jurisdiction, or the
federal government.
b. The general public through the sex offender registry
internet site.
(1) The following relevant information about a sex offender shall
be disclosed on the internet site:
(a) The date of birth.
(b) The name, nickname, aliases, including ethnic or tribal
names.
(c) Photographs.
(d) The physical description, including scars, marks, or tattoos.
(e) The residence.
(f) The statutory citation and text of the offense committed that
requires registration under this chapter.
(g) A specific reference indicating whether a particular sex
offender is subject to residency restrictions pursuant to section
692A.114.
(h) A specific reference indicating whether a particular sex
offender is subject to exclusion zone restrictions pursuant to
section 692A.113.
(2) The following relevant information shall not be disclosed on
the internet site:
(a) The relevant information about a sex offender who was under
twenty years of age at the time the offender committed a violation of
section 709.4, subsection 2, paragraph "c", subparagraph (4).
(b) The employer name, address, or location where a sex offender
acts as an employee in any form of employment.
(c) The address and name of any school where a student required
to be on the registry attends.
(d) The real name of a sex offender protected under 18 U.S.C. §
3521.
(e) The statutory citation and text of the offense committed for
an incest conviction in violation of section 726.2, however, the
citation and text of an incest conviction shall be disclosed on the
internet site as a conviction of section 709.4 or 709.8.
(f) Any other relevant information not described in subparagraph
(1).
c. The general public through any other means, at the
discretion of the department, any relevant information that is
available on the internet site.
3. A criminal or juvenile justice agency may provide relevant
information from the sex offender registry to the following:
a. A criminal or juvenile justice agency, an agency of the
state, or a sex offender registry of another jurisdiction, or the
federal government.
b. The general public, any information available to the
general public in subsection 2, including public and private
agencies, organizations, public places, child care facilities,
religious and youth organizations, neighbors, neighborhood
associations, community meetings, and employers. The relevant
information available to the general public may be distributed to the
public through printed materials, visual or audio press releases,
radio communications, or through a criminal or juvenile justice
agency's internet site.
4. When a sex offender moves into a school district or moves
within a school district, the county sheriff of the county of the
offender's new residence shall provide relevant information that is
available to the general public in subsection 2 to the administrative
office of the school district in which the person required to
register resides, and shall also provide relevant information to any
nonpublic school near the offender's residence.
5. a. A member of the public may contact a county sheriff's
office to request relevant information from the registry regarding a
specific sex offender. A person making a request for relevant
information may make the request by telephone, in writing, or in
person, and the request shall include the name of the person and at
least one of the following identifiers pertaining to the sex offender
about whom the information is sought:
(1) The date of birth of the person.
(2) The social security number of the person.
(3) The address of the person.
(4) Internet identifiers.
(5) Telephone numbers, including any landline or wireless
numbers.
b. The relevant information made available to the general
public pursuant to this subsection shall include all the relevant
information provided to the general public on the internet site
pursuant to subsection 2, and the following additional relevant
information:
(1) Educational institutions attended as a student, including the
name and address of such institution.
(2) Employment information including the name and address of
employer.
(3) Temporary lodging information, including the dates when
residing at the temporary lodging.
(4) Vehicle information.
c. A county sheriff or police department shall not charge a
fee relating to a request for relevant information.
6. A county sheriff shall also provide to a person upon request
access to a list of all registrants in that county.
7. The following relevant information shall not be provided to
the general public:
a. The identity of the victim.
b. Arrests not resulting in a conviction.
c. Passport and immigration documents.
d. A government issued driver's license or identification
card.
e. DNA information.
f. Fingerprints.
g. Palm prints.
h. Professional licensing information.
i. Social security number.
j. Real name protected under 18 U.S.C. § 3521.
8. Notwithstanding sections 232.147 through 232.151, records
concerning convictions which are committed by a minor may be released
in the same manner as records of convictions of adults.
9. A person may contact the department or a county sheriff's
office to verify if a particular internet identifier or telephone
number is one that has been included in a registration by a sex
offender.
10. The department shall include links to sex offender safety
information, educational resources pertaining to the prevention of
sexual assaults, and the national sex offender registry.
11. The department shall include on the sex offender registry
internet site instructions and any applicable forms necessary for a
person seeking correction of information that the person contends is
erroneous.
12. When the department receives and approves registration data,
such data shall be made available on the sex offender registry
internet site within five business days.
13. The department shall maintain an automated electronic mail
notification system, which shall be available by free subscription to
any person, to provide notice of addition, deletion, or changes to
any sex offender registration, relevant information within a postal
zip code or, if selected by a subscriber, a geographic radius or, if
selected by a subscriber, specific to a sex offender.
14. Sex offender registry records are confidential records not
subject to examination and copying by a member of the public and
shall only be released as provided in this section. Section History: Recent Form
2009 Acts, ch 119, §21
Referred to in § 22.7, 272.2, 279.13, 282.9, 692A.118
692A.122 COOPERATION WITH REGISTRATION.
An agency of state and local government that possesses information
relevant to requirements that an offender register under this chapter
shall provide that information to the court or the department upon
request. All confidential records provided under this section shall
remain confidential, unless otherwise ordered by a court, by the
lawful custodian of the records, or by another person duly authorized
to release such information. Section History: Recent Form
2009 Acts, ch 119, §22
692A.123 IMMUNITY FOR GOOD FAITH CONDUCT.
Criminal or juvenile justice agencies and employees of criminal or
juvenile justice agencies and state agencies and their employees
shall be immune from liability for acts or omissions arising from a
good faith effort to comply with this chapter. Section History: Recent Form
2009 Acts, ch 119, §23
692A.124 ELECTRONIC MONITORING.
1. A sex offender who is placed on probation, parole, work
release, special sentence, or any other type of conditional release,
may be supervised by an electronic tracking and monitoring system in
addition to any other conditions of supervision.
2. The determination to use electronic tracking and monitoring to
supervise a sex offender shall be based upon a validated risk
assessment approved by the department of corrections, and also upon
the sex offender's criminal history, progress in treatment and
supervision, and other relevant factors.
3. If a sex offender is under the jurisdiction of the juvenile
court, the determination to use electronic tracking and monitoring to
supervise the sex offender shall be based upon a risk assessment
performed by a juvenile court officer. Section History: Recent Form
2009 Acts, ch 119, §24
692A.125 APPLICABILITY OF CHAPTER AND
RETROACTIVITY.
1. The registration requirements of this chapter shall apply to
sex offenders convicted on or after July 1, 2009, of a sex offense
classified under section 692A.102.
2. The registration requirements of this chapter shall apply to a
sex offender convicted of a sex offense or a comparable offense under
prior law prior to July 1, 2009, under the following circumstances:
a. Any sex offender including a juvenile offender who is
required to be on the sex offender registry as of June 30, 2009.
b. Any sex offender who is incarcerated on or after July 1,
2009, for conviction of a sex offense committed prior to July 1,
2009.
c. Any sex offender who is serving a special sentence
pursuant to section 903B.1 or 903B.2 prior to July 1, 2009.
3. For a sex offender required to register pursuant to subsection
1 or 2, each conviction or adjudication for a sex offense requiring
registration, regardless of whether such conviction or adjudication
occurred prior to, on, or after July 1, 2009, shall be included in
determining the tier requirements pursuant to this chapter.
4. An offender on the sex offender registry as of June 30, 2009,
and who is required to be on the registry on or after July 1, 2009,
shall be credited for any time on the registry prior to July 1, 2009.
Section History: Recent Form
2009 Acts, ch 119, §25
692A.126 SEXUALLY MOTIVATED OFFENSE --
DETERMINATION.
1. If a judge or jury makes a determination, beyond a reasonable
doubt, that any of the following offenses for which a conviction has
been entered are sexually motivated, the person shall be required to
register as provided in this chapter:
a. Murder in the first degree in violation of section 707.2.
b. Murder in the second degree in violation of section 707.3.
c. Voluntary manslaughter in violation of section 707.4.
d. Involuntary manslaughter in violation of section 707.5.
e. Attempt to commit murder in violation of section 707.11.
f. Harassment in violation of section 708.7, subsection 1, 2,
or 3.
g. Stalking in violation of section 708.11, subsection 3,
paragraph "b", subparagraph (3).
h. Kidnapping in the first degree in violation of section
710.2.
i. Kidnapping in the second degree in violation of section
710.3.
j. Kidnapping in the third degree in violation of section
710.4.
k. Child stealing in violation of section 710.5.
l. Purchase or sale or attempted purchase or sale of an
individual in violation of section 710.11.
m. Burglary in the first degree in violation of section
713.3, subsection 1, paragraph "a", "b", or "c".
n. Attempted burglary in the first degree in violation of
section 713.4.
o. Burglary in the second degree in violation of section
713.5.
p. Attempted burglary in the second degree in violation of
section 713.6.
q. Burglary in the third degree in violation of section
713.6A.
r. Attempted burglary in the third degree in violation of
section 713.6B.
2. If a person is convicted of an offense in another
jurisdiction, or of an offense that was prosecuted in a federal,
military, or foreign court, that is comparable to an offense
specified in subsection 1, the person shall be required to register
as provided in this chapter if the department makes a determination
that the offense was sexually motivated.
3. If a juvenile is convicted of an offense in another
jurisdiction, or of an offense as a juvenile in a similar juvenile
court proceeding in a federal, military, or foreign court, that is
comparable to an offense specified in subsection 1, the person shall
be required to register as provided in this chapter if the department
makes a determination that the offense was sexually motivated. Section History: Recent Form
2009 Acts, ch 119, §26
Referred to in § 692A.102, 707.2, 707.3, 707.4, 707.5, 707.11,
708.7, 708.11, 710.2, 710.3, 710.4, 710.5
692A.127 LIMITATIONS ON POLITICAL SUBDIVISIONS.
A political subdivision of the state shall not adopt any motion,
resolution, or ordinance regulating the residency location of a sex
offender or any motion, resolution, or ordinance regulating the
exclusion of a sex offender from certain real property. A motion,
resolution, or ordinance adopted by a political subdivision of the
state in violation of this section is void and unenforceable and any
enforcement activity conducted in violation of this section is void.
Section History: Recent Form
2009 Acts, ch 119, §27
692A.128 MODIFICATION.
1. A sex offender who is on probation, parole, work release,
special sentence, or any other type of conditional release may file
an application in district court seeking to modify the registration
requirements under this chapter.
2. An application shall not be granted unless all of the
following apply:
a. The date of the commencement of the requirement to
register occurred at least two years prior to the filing of the
application for a tier I offender and five years prior to the filing
of the application for a tier II or III offender.
b. The sex offender has successfully completed all sex
offender treatment programs that have been required.
c. A risk assessment has been completed and the sex offender
was classified as a low risk to reoffend. The risk assessment used
to assess an offender as a low risk to reoffend shall be a validated
risk assessment approved by the department of corrections.
d. The sex offender is not incarcerated when the application
is filed.
e. The director of the judicial district department of
correctional services supervising the sex offender, or the director's
designee, stipulates to the modification, and a certified copy of the
stipulation is attached to the application.
3. The application shall be filed in the sex offender's county of
principal residence.
4. Notice of any application shall be provided to the county
attorney of the county of the sex offender's principal residence, the
county attorney of any county in this state where a conviction
requiring the sex offender's registration occurred, and the
department. The county attorney where the conviction occurred shall
notify the victim of an application if the victim's address is known.
5. The court may, but is not required to, conduct a hearing on
the application to hear any evidence deemed appropriate by the court.
The court may modify the registration requirements under this
chapter.
6. A sex offender may be granted a modification if the offender
is required to be on the sex offender registry as a result of an
adjudication for a sex offense, the offender is not under the
supervision of the juvenile court or a judicial district judicial
department of correctional services, and the department of
corrections agrees to perform a risk assessment on the sex offender.
However, all other provisions of this section not in conflict with
this subsection shall apply to the application prior to an
application being granted except that the sex offender is not
required to obtain a stipulation from the director of a judicial
district department of correctional services, or the director's
designee.
7. If the court modifies the registration requirements under this
chapter, the court shall send a copy of the order to the department,
the sheriff of the county of the sex offender's principal residence,
any county attorney notified in subsection 4, and the victim, if the
victim's address is known. Section History: Recent Form
2009 Acts, ch 119, §28
Referred to in § 692A.106
692A.129 PROBATION AND PAROLE OFFICERS.
A probation or parole officer supervising a sex offender is not
precluded from imposing more restrictive exclusion zone requirements,
employment prohibitions, and residency restrictions than under
sections 692A.113 and 692A.114. Section History: Recent Form
2009 Acts, ch 119, §29
692A.130 RULES.
The department shall adopt rules pursuant to chapter 17A to
administer this chapter. Section History: Recent Form
2009 Acts, ch 119, §30