Wyoming Laws

 

Sex Offender Registration Statute
ARTICLE 3

SEX OFFENDER REGISTRATION

7-19-301. Definitions.

(a) For purposes of this act:

(i) "Aggravated sex offender" means a person who has been convicted of an aggravated sex offense;

(ii) "Aggravated sex offense" means sexual assault under W.S. 6-2-302 regardless of the age of the victim, W.S. 6-2-303 regardless of the age of the victim, W.S. 6-2-304(a)(ii), or an offense under W.S. 6-2-304(a)(iii) if the victim was under the age of sixteen (16), incest under W.S. 6-4-402, or an offense under W.S. 14-3-105 provided the victim was under the age of sixteen (16) and the offender was at least four (4) years older than the victim, or an attempt to commit an offense enumerated in this paragraph. "Aggravated sex offense" includes an offense committed in another jurisdiction, including a federal court or courts martial, which, if committed in this state, would constitute an "aggravated sex offense" as defined in this paragraph;

(iii) "Convicted" includes pleas of guilty, nolo contendere and verdicts of guilty upon which a judgment of conviction may be rendered. "Convicted" shall not include dispositions pursuant to W.S. 7-13-301;

(iv) "Criminal offense against a minor" means the offenses specified in this paragraph in which the victim is less than eighteen (18) years of age. "Criminal offense against a minor" includes an offense committed in another jurisdiction, including a federal court or courts martial, which, if committed in this state, would constitute a "criminal offense against a minor" as defined in this paragraph. "Criminal offense against a minor" includes:

(A) Kidnapping under W.S. 6-2-201;

(B) Felonious restraint under W.S. 6-2-202;

(C) False imprisonment under W.S. 6-2-203;

(D) Offenses under W.S. 6-4-101 through 6-4-103 in which a minor is the object of the sexual act or proposed sexual act;

(E) Producing obscene material under W.S. 6-4-302 if the offense involves the use of a minor in a sexual performance;

(F) Soliciting sexual conduct under W.S. 14-3-104;

(G) An attempt to commit an offense described in subparagraphs (A) through (F) of this paragraph.

(v) "Department" means the state department of corrections;

(vi) "Division" means the Wyoming division of criminal investigation created within the office of the attorney general;

(vii) "Minor" means a person who has not attained the age of eighteen (18) years at the time of the offense;

(viii) "Offender" means a sex offender or a person convicted of a criminal offense against a minor;

(ix) "Predatory" means an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization;

(x) "Recidivist" means an offender convicted of an offense requiring registration under this act two (2) or more times. Offenses which would have required registration under this act, but which had a sentencing date prior to January 1, 1985, shall be counted as convictions for purposes of this paragraph;

(xi) "Reside" and words of similar import mean having established a permanent or temporary domicile for thirty (30) or more days;

(xii) "Sex offender" means a person who has been convicted of:

(A) A sex offense in which the victim was a minor and the offender was at least eighteen (18) years of age; or

(B) An aggravated sex offense.

(xiii) "Sex offense" means the offenses of sexual assault under W.S. 6-2-304(a)(i) or 6-2-304(a)(iii) if the victim is sixteen (16) years of age or older, conspiracy to commit sexual assault as defined by W.S. 6-2-301(a)(v), indecent liberties under W.S. 14-3-105 provided the victim was at least sixteen (16) and less than eighteen (18) years of age and the offender was at least four (4) years older than the victim, or an attempt to commit an offense enumerated in this paragraph. "Sex offense" includes an offense committed in another jurisdiction, including a federal court or courts martial, which, if committed in this state, would constitute a "sex offense" as defined in this paragraph;

(xiv) "Sexually violent predator" means a person who has been convicted of an aggravated sex offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory aggravated sex offenses;

(xv) "This act" means W.S. 7-19-301 through 7-19-308 [7-19-307].

7-19-302. Registration of offenders; procedure; verification.

(a) Any offender residing in this state or entering this state for the purpose of residing in this state shall register with the division of criminal investigation or other entity in accordance with the provisions of this act. The offender shall be photographed and fingerprinted by the registering entity or another law enforcement agency and shall provide the following additional information when registering:

(i) Name, including any aliases ever used;

(ii) Address;

(iii) Date and place of birth;

(iv) Social security number;

(v) Place of employment;

(vi) Date and place of conviction; and

(vii) Crime for which convicted.

(b) In addition to the requirements of subsection (a) of this section, the department, for aggravated sex offenders sentenced to imprisonment, and the sheriff of the county where judgment and sentence is entered for all other aggravated sex offenders, shall obtain the name of the sex offender, identifying factors, anticipated future residence, offense history and documentation of any treatment received, including prescribed psychotropic medication history, for any mental abnormality or personality disorder of the aggravated sex offender. This information shall be transmitted to the division within three (3) working days of receipt for entry into the central registration system. A person found to be a sexually violent predator by a sentencing court in another state shall provide information required under this subsection at the time of registration under this act.

(c) Offenders required to register under this act shall register with the entities specified in this subsection and within the following time periods:

(i) Offenders who, on or after July 1, 1999, are in custody of the department, local jail or a public or private agency pursuant to a court order, as a result of an offense subjecting them to registration, who are sentenced on or after January 1, 1985, shall register prior to release from custody. The agency with custody of the offender immediately prior to release shall register the offender and perform the duties specified in W.S. 7-19-305;

(ii) Offenders who are convicted of an offense subjecting them to registration under this act but who are not sentenced to a term of confinement shall register immediately after the imposition of the sentence. The sheriff of the county where the judgment and sentence is entered shall register the offender and perform the related duties specified in W.S. 7-19-305;

(iii) Offenders convicted of an offense subjecting them to registration, who are sentenced on or after January 1, 1985, who reside in or enter this state for the purposes of residing and who are under the jurisdiction of the department or state board of parole or other public agency as a result of that offense shall register within forty (40) days of entering this state or on or before August 1, 1999, if a current resident. The Wyoming agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to this state and shall register the offender and perform the related duties specified in W.S. 7-19-305;

(iv) Offenders convicted of an offense subjecting them to registration, who are sentenced on or after January 1, 1985, who reside in or enter this state and who are not under the jurisdiction or custody of the department, board of parole or other public agency as a result of that offense shall register with the division on or before August 1, 1999, if a current resident, or within forty (40) days of entering this state if not a current resident.

(d) The division shall accept registration information for a nonresident who is employed or attends school in this state. For purposes of this subsection, "registration information" means the registrant's place of employment or the school attended in this state and his address in his state of residence; "employed" and "attends school" means the same as defined in W.S. 7-19-305(a)(v). The registration information accepted under this subsection shall be subject to the provisions of W.S. 7-19-303.

(e) If any person required to register under this act changes his residence address within the same county, he shall send written notice of the change of address to the division within ten (10) days of establishing the new residence. If any person required to register under this act moves to a new county in this state, he shall notify the division, the county sheriff in the new county and the county sheriff of the county of his previous residence within ten (10) days of establishing the new residence. If the person changes residence to another state and that state has a registration requirement, the division shall, within three (3) working days of receipt of the information, notify the law enforcement agency with which the person must register in the new state. The division shall, within three (3) working days of receipt of a registration or notice of change of address, notify the sheriff of the county in which an offender resides, unless the division received the registration information from the sheriff. The division shall also notify the victim, or if the victim is a minor the victim's parent or guardian, within the same time period if the victim, or a minor victim's parent or guardian, has requested in writing that the division provide notification of a change of address of the offender and has provided the division a current address of the victim, parent or guardian as applicable.

(f) An offender who changes residence to another state shall register the new address with the law enforcement agency with whom he last registered and shall also register with the designated law enforcement agency in the new state not later than ten (10) days after establishing residence in the new state.

(g) For an offender other than an aggravated sex offender required to register under this act the division shall annually verify the accuracy of the offender's registered address, and the offender shall annually report his current address to the division, during the period in which he is required to register.

(h) For aggravated sex offenders or those persons found to be sexually violent predators by a sentencing court in another state the division shall verify the accuracy of the offender's registered address, and the offender shall report his current address to the division, every ninety (90) days after the date of the initial release or commencement of parole.

7-19-303. Offenders central registry; dissemination of information.

(a) An entity registering an offender shall forward the information and fingerprints obtained pursuant to W.S. 7-19-302 to the division within three (3) working days. The division shall maintain a central registry of offenders required to register under W.S. 7-19-302 and shall adopt rules necessary to carry out the purposes of W.S. 7-19-302. The division shall immediately enter information received pursuant to this act into the central registry and shall immediately transmit the conviction data and fingerprints to the federal bureau of investigation and national sex offender registry.

(b) The information collected under this act shall be confidential and disseminated only in accordance with:

(i) The requirements of W.S. 7-19-106 to persons authorized to receive criminal history record information under W.S. 7-19-106; and

(ii) The requirements of subsections (c) through (g) of this section.

(c) The division shall provide notification of registration under this act, including all registration information, to the district attorney of the county where the registered offender is residing at the time of registration or to which the offender moves. Upon receipt of notification, the district attorney shall file an application for hearing under this subsection if the offender is an aggravated sex offender or a recidivist. For other offenders registered under this act, the district attorney shall file an application for hearing under this section if, based upon a review of the risk of reoffense factors specified in W.S. 7-19-303(d), it appears that public protection requires notification be provided to persons in addition to those authorized to receive criminal history record information under W.S. 7-19-106. Upon application of the district attorney, and following notice to the offender and an in-camera hearing, the district court shall, based upon its finding as to the risk of reoffense by the offender, authorize the county sheriff, police chief or their designee to release information regarding an offender who has been convicted of an offense that requires registration under this act, as follows:

(i) If the risk of reoffense is low, notification shall be in accordance with the requirements of W.S. 7-19-106 to persons authorized to receive criminal history record information under W.S. 7-19-106;

(ii) If the risk of reoffense is moderate, notification shall be provided to residential neighbors within at least seven hundred fifty (750) feet of the offender's residence, organizations in the community, including schools, religious and youth organizations, as well as to the persons authorized under paragraph (i) of this subsection, through means specified in the court's order;

(iii) If the risk of reoffense is high, notification shall be provided to the public through a public registry and through any additional means specified in the court's order, as well as to the persons and entities required by paragraphs (i) and (ii) of this subsection. The division shall make the public registry available to the public through electronic internet technology and shall include:

(A) The offender's name, including any aliases;

(B) Physical address;

(C) Date and place of birth;

(D) Date and place of conviction;

(E) Crime for which convicted;

(F) Photograph;

(G) Physical characteristics including race, sex, height, weight, eye and hair color.

(d) In determining an offender's risk of reoffense under subsection (c) of this section, the court shall consider:

(i) Conditions of release that minimize risk of reoffense, including whether the offender is under supervision of probation or parole, receiving counseling, therapy or treatment, or residing in a home situation that provides guidance and supervision;

(ii) Physical conditions that minimize the risk of reoffense, including advanced age or debilitating illness;

(iii) Criminal history factors indicative of high risk of reoffense, including:

(A) Whether the offender's conduct was found to be characterized by repetitive and compulsive behavior;

(B) Whether the offender served the maximum term under the court order;

(C) Whether the offender committed the sexual offense against a child;

(D) Whether psychological or psychiatric profiles indicate a risk of recidivism;

(E) The offender's response to treatment;

(F) Recent behavior, including behavior while confined or while under supervision in the community as well as behavior in the community following service of sentence;

(G) Recent threats against persons or expressions of intent to commit additional crimes; and

(H) Other criminal history factors, including:

(I) The relationship between the offender and the victim;

(II) Whether the offense involved the use of a weapon, violence or infliction of serious bodily harm;

(III) The number, date and nature of prior offenses.

(e) The release of information order shall have statewide application and shall remain in effect unless modified by the court which issued the order. The offender or the district attorney of any county in which the offender resides may petition the court which issued the release of information order to have the order modified. The court shall review the risk of reoffense factors specified in subsection (d) of this act and may modify the order only if the petitioner shows, with clear and convincing evidence, that the risk of reoffense classification is no longer accurate.

(f) The identity of the victim of an offense that requires registration under this act shall not be released to the public unless the victim has authorized the release of the information, provided:

(i) Nothing in this subsection shall bar the disclosure of information concerning the characteristics of the victim and the nature and circumstances of the offense so long as the victim is not identified;

(ii) Nothing in this subsection shall bar the disclosure of victim identity information contained as part of the criminal history record information disclosed to persons authorized to receive such information under W.S. 7-19-106; and

(iii) This subsection does not apply to victim identity information contained in public records which exist independently of this act.

(g) Any person who, by virtue of employment or official position has possession of, or access to, registration information furnished pursuant to this act or victim identifying information, and willfully discloses it in any manner to any person or agency not entitled to receive the information is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

(h) The attorney general shall maintain a public record of the number of registered offenders in each county which shall be broken down by degree of risk.

7-19-304. Termination of duty to register.

(a) The duty to register under W.S. 7-19-302 shall terminate as follows:

(i) For an offender other than an aggravated sex offender or a recidivist, the duty to register shall end ten (10) years after the offender was released from prison, placed on parole, supervised release or probation, provided the registration period shall be tolled for subsequent periods of confinement; and

(ii) For an aggravated sex offender or a recidivist, the duty to register shall continue for the duration of the offender's life.

(A) Repealed By Laws 1999, ch. 203, § 3.

(B) Repealed By Laws 1999, ch. 203, § 3.

(b) Repealed By Laws 1999, ch. 203, § 3.

(c) Nothing in W.S. 7-13-302 shall be construed as operating to relieve the offender of his duty to register pursuant to W.S. 7-19-302.

7-19-305. Registration; duties of registering entities; notice to persons required to register.

(a) The entity required to register an offender under W.S. 7-19-302(c) shall provide written notification to the offender of the requirements of this act and shall receive and retain a signed acknowledgment of receipt. The entity shall forward all registration information to the division within three (3) working days after registering the offender. When registering an offender the registering entity shall:

(i) Obtain the information required for the registration by W.S. 7-19-302;

(ii) Inform the offender that if he changes residence address he shall give the new address to the division in writing within ten (10) days;

(iii) Inform the offender that if he changes residence to another state, he shall register the new address with the law enforcement agency with whom he last registered and shall also register with the designated law enforcement agency in the new state not later than ten (10) days after establishing residence in the new state;

(iv) Obtain, or arrange for another law enforcement agency to provide, fingerprints, DNA sample and a photograph of the offender if these have not already been obtained in connection with the offense that triggers the registration requirement;

(v) Inform the offender that if he is employed or attends school in another state while continuing residence in this state he must register with the other state as a nonresident worker or nonresident student. For purposes of this paragraph, "employed" means any full-time or part-time employment in this state, with or without compensation, for more than fourteen (14) days, or for an aggregate period exceeding thirty (30) days in a calendar year and "attends school" means enrolled in any type of school on a full-time or part-time basis.

(b) The department or other agency assuming jurisdiction shall provide written notification to an offender convicted in another state of the registration requirements of W.S. 7-19-302 at the time the department or agency accepts supervision and has legal authority of the individual under the terms and conditions of the interstate compact agreement under W.S. 7-3-401.

7-19-306. Repealed By Laws 1999, ch. 203, § 3.

7-19-307. Penalties.

(a) Failure to register within the time required under W.S. 7-19-302 constitutes a per se violation of this act and is punishable as provided in subsections (c) and (d) of this section. Failure to report his address as required by W.S. 7-19-302(g) and (h) is punishable as provided in subsections (c) and (d) of this section.

(b) An arrest on charges of failure to register, service of an information or complaint for a violation of this act, or arraignment on charges for a violation of this act, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this act who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service or arraignment. Failure to register as required under this subsection constitutes grounds for filing another charge of failing to register. Registering following arrest, service or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.

(c) A person who knowingly fails to register as required by W.S. 7-19-302 is guilty of a high misdemeanor punishable by a fine of up to seven hundred fifty dollars ($750.00), imprisonment for not more than one (1) year, or both.

(d) A person convicted of a subsequent violation of knowingly failing to register as required by W.S. 7-19-302 is guilty of a felony punishable by a fine of one thousand dollars ($1,000.00), imprisonment for not more than five (5) years, or both.