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Failure to comply with the registration requirements is a Class 4 felony.
The sheriff must provide the registration information and any change of address to DPS.
In addition, in 1995, the Legislature established a sex offender community notification program that applies to offenders who are required to register, and DPS oversees this program.
Initially, the Legislature required individuals convicted of any violation of Chapter 14 (sexual offenses) or Chapter 35.1 (sexual exploitation of children) of Title 13 to register as sex offenders.
§§ 13-3825 (notification program); 41-1719 (DPS coordinator of notification program).
In 1995, the Legislature eliminated the requirement that all persons convicted under Chapter 14 or Chapter 35.1 register and, instead, specified the particular offenses that require registration.
Although no longer requiring registration for all convictions under chapters 14 or 35.1, the Legislature gave the sentencing judge discretion to require registration for any violation of those chapters.
In addition, although a first conviction for indecent exposure or public sexual indecency no longer required registration, a second or subsequent conviction for these crimes involving a minor under 15 would require registration, as would any third conviction for those offenses, regardless of the age of the victim.
The sex offender registration law is regulatory and its “overriding purpose .
is facilitating the location of child sex offenders by law enforcement personnel, a purpose unrelated to punishing .
Generally, the law at the time the offense is committed governs criminal sentencing, and a change in the law does not affect the sentence of a person convicted and sentenced under the earlier law.
The 1995 legislation did not evidence any legislative intent to require continued registration by persons who would not be required to register under the amended law.