15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate
Compact for the Supervision of Parolees and Probationers was established in 1937, it is the
earliest corrections "compact" established among the states and has not been amended
since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines, and it currently has jurisdiction
over more than a quarter of a million offenders; Whereas: The complexities of the compact
have become more difficult to administer, and many jurisdictions have expanded supervision
expectations to include currently unregulated practices such as victim input, victim notification
requirements, and sex offender registration; Whereas: After hearings, national surveys, and
a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming
recommendation has been to amend the document to bring about...
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15-27-1
(2) When the charge has been no billed by a grand jury. (3) When the person has been found
not guilty of the charge. (4) When the charge was dismissed without prejudice more than two
years ago, has not been refiled, and the person has not been convicted of any other felony
or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations,
during the previous two years. (5) When the person proves by a preponderance of the evidence
that the person is a victim of human trafficking, that the person committed
the misdemeanor criminal offense, violation, traffic violation, or municipal ordinance violation
during the period the person was being trafficked, and that the person would not have committed
the offense or violation but for being trafficked. Evidence that a person is a victim of human
trafficking may include, but is not limited to, evidence that the person's trafficker
was convicted of trafficking the person under Section 13A-6-152 or Section...
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13A-6-152
Section 13A-6-152 Human trafficking in the first degree. (a) A person commits
the crime of human trafficking in the first degree if: (1) He or she knowingly
subjects another person to labor servitude or sexual servitude. (2) He or she knowingly obtains,
recruits, entices, solicits, induces, threatens, isolates, harbors, holds, restrains, transports,
provides, or maintains any minor for the purpose of causing a minor to engage in sexual servitude.
(3) He or she knowingly gives monetary consideration or any other thing of value to engage
in any sexual conduct with a minor or an individual he or she believes to be a minor. (b)
For purposes of this section, it is not required that the defendant have knowledge of a minor
victim's age, nor is reasonable mistake of age a defense to liability under this section.
(c) A corporation, or any other legal entity other than an individual, may be prosecuted for
human trafficking in the first degree for an act or omission only if an agent
of the...
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12-25-34.1
Section 12-25-34.1 Approval of the initial voluntary sentencing standards. The initial voluntary
sentencing standards and the accompanying worksheets and instructions, as adopted by the Sentencing
Commission on September 30, 2005, and filed with the Clerk of the Supreme Court, the Secretary
of the Senate, and the Clerk of the House of Representatives, are approved for implementation
effective on October 1, 2006, under the terms and conditions set out in Sections 12-25-34
and 12-25-35; provided however, that these standards shall not apply to any sex offense involving
a victim under the age of 12. (Act 2006-312, p. 663, §2.)...
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15-3-5
offense. (2) Any felony involving the use, attempted use, or threat of, violence to a person.
(3) Any felony involving serious physical injury or death of a person. (4) Any sex offense
pursuant to Section 15-20A-5 involving a victim under 16 years of age, regardless of whether
it involves force, serious physical injury, or death. (5) Any felony involving arson of any
type. (6) Any felony involving forgery of any type. (7) Any felony involving counterfeiting.
(8) Any felony involving drug trafficking. (b) The amendments made by this act shall
apply to both of the following: (1) To all crimes committed after January 7, 1985. (2) To
all crimes committed before January 7, 1985, for which no statute of limitations provided
under pre-existing law has run as of January 7, 1985. (c) Nothing herein shall be construed
to mean that the adoption of this act indicates that any former statute of limitations applying
to capital offenses is invalid as the result of any decision of any court...
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13A-6-170
Section 13A-6-170 Posting of National Human Trafficking Resource Center Hotline
in certain establishments. (a) All persons owning any establishment that requires a liquor
license or alcoholic beverage license, and that does not also have a food or beverage permit,
or both; any hotel that has been cited as a nuisance as defined in Sections 13A-12-110 to
13A-12-122, inclusive; any massage parlor where an employee has been cited with violating
Section 45-13-41, or where the establishment has been cited as a nuisance as defined in Section
6-5-140; any airport, train station, or bus station; and any business that provides entertainment
commonly called stripteasing or topless entertaining or entertainment that has employees who
are not clad both above and below the waist shall post in a location conspicuous to the public
at the entrance of the business or where such posters and notices are customarily posted,
a poster of no smaller than 8 1/2 by 11 inches in size that states the following:...
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15-20A-43
Section 15-20A-43 Registration and notification requirements mandatory. (a) Except as provided
in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former
15-20-21(4)(a), the requirements of this chapter are mandatory and shall not be altered, amended,
waived, or suspended by any court. Any court order altering, amending, waiving, or suspending
sex offender registration and notification requirements, except as provided in Sections 15-20A-5,
15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), shall
be null, void, and of no effect. (b) The Board of Pardons and Paroles shall not grant relief
from any provisions of this chapter to any sex offender unless all three of the following
conditions are met: (1) At the time of the commission of the sex offense, the sex offender
was less than five years older than the victim. (2) At the time of the commission of the sex
offense, the victim was 13 years of age or older. (3) The sex...
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15-20A-24
Section 15-20A-24 Adult sex offender - Relief from registration and notification. (a) At disposition,
sentencing, upon completion of probation, or upon completion of a term of registration ordered
by the sentencing court, a sex offender may petition the court for relief from the requirements
of this chapter resulting from any of the following offenses, provided that he or she meets
the requirements set forth in subsection (b): (1) Rape in the second degree, as provided by
subdivision (1) of subsection (a) of Section 13A-6-62. (2) Sodomy in the second degree, as
provided by subdivision (1) of subsection (a) of Section 13A-6-64. (3) Sexual abuse in the
second degree, as provided by subdivision (2) of subsection (a) of Section 13A-6-67. (4) Sexual
misconduct, as provided by Section 13A-6-65. (5) Any crime committed in this state or any
other jurisdiction which, if had been committed in this state under the current provisions
of law, would constitute an offense listed in subdivisions (1)...
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15-20A-27
Section 15-20A-27 Juvenile sex offender - Community notification. (a) In determining whether
to apply notification requirements to a juvenile sex offender, the sentencing court shall
consider any of the following factors relevant to the risk of re-offense: (1) Conditions of
release that minimize the risk of re-offense, including, but not limited to, whether the juvenile
sex offender is under supervision of probation, parole, or aftercare; receiving counseling,
therapy, or treatment; or residing in a home situation that provides guidance and supervision.
(2) Physical conditions that minimize the risk of re-offense, including, but not limited to,
advanced age or debilitating illness. (3) Criminal history factors indicative of high risk
of re-offense, including whether the conduct of the juvenile sex offender was found to be
characterized by repetitive and compulsive behavior. (4) Whether psychological or psychiatric
profiles indicate a risk of recidivism. (5) The relationship between the...
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17-3-30.1
purposes as defined in Section 13A-6-69. (11) Facilitating solicitation of unlawful sexual
conduct with a child as defined in Section 13A-6-121. (12) Electronic solicitation of a child
as defined in Section 13A-6-122. (13) Facilitating the on-line solicitation of a child as
defined in Section 13A-6-123. (14) Traveling to meet a child for an unlawful sex act as defined
in Section 13A-6-124. (15) Facilitating the travel of a child for an unlawful sex act as defined
in Section 13A-6-125. (16) Human trafficking as defined in Sections 13A-6-152
and 13A-6-153. (17) Terrorism as defined in Section 13A-10-152. (18) Soliciting or providing
support for an act of terrorism as defined in Section 13A-10-153. (19) Hindering prosecution
of terrorism as defined in Section 13A-10-154. (20) Endangering the water supply as defined
in Section 13A-10-171. (21) Possession, manufacture, transport, or distribution of a destructive
device or bacteriological or biological weapon as defined in Section...
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