1. (1) An offender who has been convicted of any offense listed in Section 77-42-105 shall be on the Utah White Collar Crime Offender Registry for:

   1. (a) a period of 10 years for a first offense;
   2. (b) a second period of 10 years for a second conviction under this section; and
   3. (c) a lifetime period if convicted a third time under this section.

2. (2) Except as provided in Subsection (3), an offender who has been convicted of any offense listed in Section 77-42-105 after December 31, 2005, shall register:

   1. (a) with the attorney general to be included in the Utah White Collar Crime Offender Registry; and

   2. (b)

      1. (i) no later than 45 days after the offender is sentenced; and
      2. (ii) in a manner prescribed by the attorney general.

3. (3) An offender is not required to register as provided in Subsection (2) if the offender:

   1. (a) has complied with all court orders at the time of sentencing;
   2. (b) has paid in full all court-ordered amounts of restitution to victims; and
   3. (c) has not been convicted of any other offense for which registration would be required.

4. (4) If an offender is in the custody of the Department of Corrections:

   1. (a) the department shall register the offender within 45 days of sentencing; or
   2. (b) at the discretion of the department, provide the offender access to necessary resources so that the offender may register within 45 days of sentencing.

5. (5)

   1. (a) An offender who knowingly fails to register within 45 days of sentencing is guilty of a class A misdemeanor.
   2. (b) An offender who is found guilty under Subsection (5)(a) shall be sentenced to serve a term of incarceration of 30 days or more.

   3. (c)

      1. (i) The Board of Pardons and Parole or a court may not release an individual who violates this chapter from serving the term required under Subsection (5)(b).
      2. (ii) The provisions of this Subsection (5) supersede any other provision of law.

Amended by Chapter 288, 2019 General Session