by Attorney Eric D. PuryearIowa Code Section 692A.103 provides guidance as to who is required to register as a sex offender in the state of Iowa. Those who do not comply with the sex offender registration requirements can face serious criminal charges and other consequences. Information on Iowa sex offender registration is below.
Iowa sex offender registration requirements
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
decision.
Penalty for failing to register as a Sex Offender in Iowa
1. A sex offender who violates any requirements of section 692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or 692A.115 commits an aggravated misdemeanor for a first offense and a class "D" felony for a second or subsequent offense. However, a sex offender convicted of an aggravated offense against a minor, a sex offense against a minor, or a sexually violent offense committed while in violation of any of the requirements specified in section 692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or 692A.115 is guilty of a class "C" felony, in addition to any other penalty provided by law. Any fine imposed for a second or subsequent violation shall not be suspended. Notwithstanding section 907.3, the court shall not defer judgment or sentence for any violation of any requirements specified in this chapter. For purposes of this subsection, a violation occurs when a sex offender knows or reasonably should know of the duty to fulfill a requirement specified in this chapter as referenced in the offense charged. 2. Violations in any other jurisdiction under sex offender registry provisions that are substantially similar to those contained in this section shall be counted as previous offenses. The court shall judicially notice the statutes of other states which are substantially similar to this section. 3. A sex offender who violates any provision of this chapter may be prosecuted in any county where registration is required by the provisions of this chapter.
Important Reminder about Sex Offender registration
Note: Laws change regularly, and are complex. Failing to register when required can result in serious criminal charges and other consequences. For that reason, a person who believes they may be required to register as a sex offender should discuss the matter with an attorney, and not rely upon this or any other website to decide whether to register.