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IOWA STATE LAW
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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.
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
Resource:
http://coolice.legis.iowa.gov/Cool-ICE/default.asp?Category=billinfo&Service=IowaCode&input=692A#692A.101
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