Attorney Eric D. Puryear

Iowa Sex Offender Law – Who is Required to Register as a Sex Offender in Iowa

Puryear Law » Legal Blog » Iowa Criminal Law » Iowa Sex Offender Law – Who is Required to Register as a Sex Offender in Iowa

Iowa 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.


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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


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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.


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