| (1) | An individual is an offender described in Subsection (2) and subject to the requirements, restrictions, and penalties described in this chapter if the individual:
| (a) | has been convicted in this state of:
| (iii) | a felony or class A misdemeanor violation of enticing a minor under Section 76-5-417; |
| (iv) | sexual exploitation of a vulnerable adult under Section 76-5b-202; |
| (v) | human trafficking for commercial sexual exploitation under Section 76-5-308.1; |
| (vi) | human trafficking of a child for commercial sexual exploitation under Section 76-5-308.6; |
| (vii) | aggravated human trafficking for commercial sexual exploitation under Section 76-5-310.2; |
| (viii) | human trafficking of a vulnerable adult for commercial sexual exploitation under Section 76-5-312; |
| (x) | sexual abuse of a minor under Section 76-5-401.1, on the individual's first offense unless the individual was younger than 21 years old at the time of the offense then on the individual's second offense; |
| (xi) | unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2; |
| (xv) | object rape of a child under Section 76-5-402.3; |
| (xvi) | a felony violation of forcible sodomy under Section 76-5-403; |
| (xviii) | forcible sexual abuse under Section 76-5-404; |
| (xix) | sexual abuse of a child under Section 76-5-404.1; |
| (xx) | aggravated sexual abuse of a child under Section 76-5-404.3; |
| (xxi) | aggravated sexual assault under Section 76-5-405; |
| (xxii) | custodial sexual relations under Section 76-5-412, if the victim in custody is younger than 18 years old and the offense is committed on or after May 10, 2011; |
| (xxiii) | sexual exploitation of a minor under Section 76-5b-201; |
| (xxiv) | aggravated sexual exploitation of a minor under Section 76-5b-201.1; |
| (xxv) | sexual extortion under Section 76-5b-204; |
| (xxvi) | aggravated sexual extortion under Section 76-5b-204.1; |
| (xxvii) | possession of apparent child sexual abuse material under Section 76-5b-207; |
| (xxviii) | distribution of apparent child sexual abuse material under Section 76-5b-208; |
| (xxix) | unlawful activity regarding obscene material depicting the sexual abuse of a minor under Section 76-5b-209; |
| (xxxi) | lewdness under Section 76-5-419, if the individual has been convicted of the offense four or more times; |
| (xxxii) | sexual battery under Section 76-5-418, if the individual has been convicted of the offense four or more times; |
| (xxxiii) | any combination of convictions of lewdness under Section 76-5-419, and of sexual battery under Section 76-5-418, that total four or more convictions; |
| (xxxiv) | lewdness involving a child under Section 76-5-420; |
| (xxxv) | a felony or class A misdemeanor violation of:
| (B) | recorded or photographed voyeurism under Section 76-12-307; or |
| (C) | distribution of images obtained through voyeurism under Section 76-12-308; |
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| (xxxvi) | aggravated exploitation of prostitution under Section 76-5d-208; |
| (xxxvii) | kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was not the parent of the child victim; |
| (xxxviii) | child kidnapping under Section 76-5-301.1, if the offender was not the parent of the child victim; |
| (xxxix) | aggravated kidnapping under Section 76-5-302, if the offender was not the parent of the child victim; |
| (xl) | human trafficking for labor under Section 76-5-308, if the offender was not the parent of the child victim; |
| (xli) | human trafficking of a child for labor under Section 76-5-308.5, if the offender was not the parent of the child victim; |
| (xlii) | aggravated human trafficking for labor under Section 76-5-310, if the offender was not the parent of the child victim; |
| (xliii) | human trafficking of a vulnerable adult for labor under Section 76-5-311, if the offender was not the parent of the child victim; |
| (xliv) | human smuggling under Section 76-5-316, if the offender was not the parent of the child victim; |
| (xlv) | aggravated human smuggling under Section 76-5-317, if the offender was not the parent of the child victim; or |
| (xlvi) | attempting, soliciting, or conspiring to commit a felony violation of an offense listed in Subsections (1)(a)(i) through (xlv); |
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| (b) |
| (i) | has been convicted of a criminal offense, or an attempt, solicitation, or conspiracy to commit a criminal offense in an external jurisdiction that is substantially equivalent to the offense listed in Subsection (1)(a); and |
| (ii) |
| (A) | is a Utah resident; or |
| (B) | is not a Utah resident and is in this state for a total of 10 days in a 12-month period, regardless of whether the individual intends to permanently reside in this state; |
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| (c) |
| (i) |
| (A) | is required to register on a registry in an external jurisdiction for individuals who have committed an offense listed in Subsection (1)(a) or a substantially equivalent offense; |
| (B) | is ordered by a court to register on a registry for individuals who have committed an offense listed in Subsection (1)(a) or a substantially equivalent offense; or |
| (C) | would be required to register on a registry in an external jurisdiction for individuals who have committed an offense listed in Subsection (1)(a), or a substantially equivalent offense, if residing in the external jurisdiction of the conviction regardless of the date of the conviction or a previous registration requirement; and |
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| (ii) | is in this state for a total of 10 days in a 12-month period, regardless of whether the individual intends to permanently reside in this state; |
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| (d) |
| (i) |
| (A) | is a nonresident regularly employed or working in this state; or |
| (B) | is a student in this state; and |
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| (ii) |
| (A) | is convicted of an offense listed in Subsection (1)(a) or a substantially equivalent offense in an external jurisdiction; or |
| (B) | is required to register on a sex, kidnap, and child abuse registry, or an equivalent registry, in the individual's state of residence based on a conviction for an offense that is not substantially equivalent to an offense listed in Subsection (1)(a); |
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| (e) | is found not guilty by reason of insanity in this state or in an external jurisdiction of an offense listed in Subsection (1)(a) or a substantially equivalent offense; or |
| (f) |
| (i) | is adjudicated under Section 80-6-701 for one or more offenses listed in Subsection (1)(a); and |
| (ii) | has been committed to the division for secure care, as defined in Section 80-1-102, for that offense if:
| (A) | the individual remains in the division's custody until 30 days before the individual's 21st birthday; |
| (B) | the juvenile court extended the juvenile court's jurisdiction over the individual under Section 80-6-605 and the individual remains in the division's custody until 30 days before the individual's 25th birthday; or |
| (C) | the individual is moved from the division's custody to the custody of the department before expiration of the division's jurisdiction over the individual. |
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