View Oklahoma law(s) used to prosecute naturists
OKLAHOMA LAW REQUIRING
SEX OFFENDER REGISTRATION
§57-581.
A. Sections 581 et seq. of this title shall be known and may be cited
as the "Sex Offenders Registration Act".
B. The Legislature finds that sex offenders who commit other predatory
acts against children and persons who prey on others as a result of
mental illness pose a high risk of re-offending after release from
custody. The Legislature further finds that the privacy interest of
persons adjudicated guilty of these crimes is less important than the
state's interest in public safety. The Legislature additionally finds
that a system of registration will permit law enforcement officials to
identify and alert the public when necessary for protecting the public
safety.
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§57-582.
A. The provisions of the Sex Offenders Registration Act, Section 581
et seq. of this title, shall apply to any person residing, working or
attending school within the State of Oklahoma who, after November 1,
1989, has been convicted, whether upon a verdict or plea of guilty or
upon a plea of nolo contendere, or received a suspended sentence or
any probationary term for a crime or an attempt to commit a crime
provided for in Section 7115 of Title 10 of the Oklahoma Statutes if
the offense involved sexual abuse or sexual exploitation as those
terms are defined in Section 7102 of Title 10 of the Oklahoma
Statutes, Section 741, 843.1, if the offense included sexual abuse or
sexual exploitation, 865 et seq., 885, 886, 888, 891,
1021, 1021.2,
1021.3, 1040.13a, 1040.51, 1087, 1088, 1111.1, 1114 or 1123 of Title
21 of the Oklahoma Statutes.
B. The provisions of the Sex Offenders Registration Act shall apply to
any person who after November 1, 1989, resides, works or attends
school within the State of Oklahoma and who has been convicted or
received a suspended sentence in any court of another state, a federal
court, an Indian tribal court or a military court for a crime or
attempted crime which, if committed or attempted in this state, would
be a crime or an attempt to commit a crime provided for in any of said
laws listed in subsection A of this section.
C. The provisions of the Sex Offenders Registration Act shall apply to
any person who resides, works or attends school within the State of
Oklahoma and who has received a deferred judgment in any court of
another state, a federal court, an Indian tribal court or a military
court for a crime or attempted crime which, if committed or attempted
in this state, would be a crime or an attempt to commit a crime
provided for in Section 7115 of Title 10 of the Oklahoma Statutes if
the offense involved sexual abuse or sexual exploitation as those
terms are defined in Section 7102 of Title 10 of the Oklahoma
Statutes, Section 741, 843.1, if the offense involved sexual abuse or
sexual exploitation, 865 et seq., 885, 886, 888, 891,
1021, 1021.2,
1021.3, 1040.13a, 1040.51, 1087, 1088, 1111.1, 1114 or 1123 of Title
21 of the Oklahoma Statutes. The provisions of the Sex Offenders
Registration Act shall not apply to any such person while the person
is incarcerated in a maximum or medium correctional institution of the
Department of Corrections.
§57-583.
A. Any person who becomes subject to the provisions of the Sex
Offenders Registration Act, Section 581 et seq. of this title, on or
after November 1, 1989, shall be registered as follows:
1. With the Department of Corrections within three (3) business days
of being convicted or receiving a suspended sentence or any
probationary term if the person is not incarcerated, or within three
(3) business days of release of the person from a correctional
institution, except as provided in subsection B of this section; and
2. With the local law enforcement authority having jurisdiction in the
area where the person resides or intends to reside for more than seven
(7) days. The registration is required within three (3) days after
entering the jurisdiction of the law enforcement authority.
For purposes of this section, "local law enforcement authority" means
the municipal police department, if the person resides or intends to
reside or stay within the jurisdiction of any municipality of this
state; or the county sheriff, if the person resides or intends to
reside or stay at any place outside the jurisdiction of any
municipality within this state.
B. Any person who has been convicted of an offense or received a
deferred judgment for an offense on or after November 1, 1989, in
another jurisdiction, which offense if committed or attempted in this
state, would have been punishable as one or more of the offenses
listed in Section 582 of this title and who enters this state shall be
registered as follows:
1. With the Department of Corrections when the person enters and
intends to be in the state for any purpose for thirty (30) days or
longer, has any type of full-time or part-time employment, with or
without compensation for more than fourteen (14) days or an aggregate
period exceeding thirty (30) days within a calendar year, or is
enrolled as a full-time or part-time student within this state. Such
registration is required within three (3) days after entering the
state; and
2. With the local law enforcement authority having jurisdiction in the
area where the person intends to reside or to stay for more than seven
(7) days, has any type of full-time or part-time employment, with or
without compensation for more than fourteen (14) days or an aggregate
period exceeding thirty (30) days within a calendar year, or is
enrolled as a full-time or part-time student within this state. The
registration is required with local law enforcement within three (3)
days after entering the jurisdiction of the law enforcement authority.
C. Except for habitual or aggravated sex offenders, the person shall
be required to register for a period of ten (10) years and the
information received pursuant to the registration with the Department
of Corrections required by this section shall be maintained by the
Department of Corrections for at least ten (10) years from the date of
registration.
D. Except for habitual or aggravated sex offenders, the person shall
be required to register for a period of ten (10) years and the
information received pursuant to the registration with the local law
enforcement authority required by this section shall be maintained by
such authority for at least ten (10) years.
E. When registering an offender as provided in this section the
Department of Corrections or the local law enforcement agency having
jurisdiction shall:
1. Inform the offender of the duty to register and obtain the
information required for registration as described in this section;
2. Inform the offender that if the offender changes address, the
offender shall give the new address to the Department of Corrections
in writing no later than three (3) days before the offender
establishes residence or is temporarily domiciled at the new address;
3. Inform the offender that if the offender changes address to another
state, the offender shall register the new address with the Department
of Corrections and with a designated law enforcement agency in the new
state not later than ten (10) days before the offender establishes
residency or is temporarily domiciled in the new state, if the new
state has a registration requirement;
4. Inform the offender that if the offender participates in any
full-time or part-time employment, in another state, with or without
compensation for more than fourteen (14) days or an aggregate period
exceeding thirty (30) days in a calendar year, then the offender has a
duty to register as a sex offender in that state;
5. Inform the offender that if the offender enrolls in any type of
school in another state as a full-time or part-time student then the
offender has a duty to register as a sex offender in that state; and
6. Require the offender to read and sign a form stating that the duty
of the person to register under this act has been explained.
§57-584.
A. The registration with the Department of Corrections required by the
Sex Offenders Registration Act, Section 581 et seq. of this title,
shall be in a form approved by the Department of Corrections and shall
include the following information about the person registering:
1. The person's name and all aliases used or under which the person
has been known;
2. A complete description of the person, including a photograph and
fingerprints, and when requested by the Department of Corrections,
such registrant shall submit to a blood test for purposes of a
deoxyribonucleic acid (DNA) profile. Submission to testing for
individuals registering shall be within thirty (30) days of
registration. All individuals registered pursuant to the Sex Offenders
Registration Act on July 1, 1997, shall provide a blood sample by
October 1, 1997. Registrants who already have valid samples on file in
the Oklahoma State Bureau of Investigation (OSBI) DNA Offender
Database shall not be required to submit duplicate samples for
testing;
3. The offenses listed in Section 582 of this title of which the
person has been convicted or for which the person received a suspended
sentence, where the offense was committed, where the person was
convicted or received the suspended sentence, and the name under which
the person was convicted or received the suspended sentence;
4. The name and location of each hospital or penal institution to
which the person was committed for each offense listed in Section 582
of this title; and
5. Where the person resides, how long the person has resided there,
how long the person expects to reside there, and how long the person
expects to remain in the county and in the State of Oklahoma. The
Department of Corrections shall conduct address verification of the
sex offender on an annual basis by mailing a nonforwardable
verification form to the last reported address of the person. The
person shall return the verification form in person to the local law
enforcement agency of that jurisdiction within ten (10) days after
receipt of the form and may be photographed by the local law
enforcement agency at that time. The local law enforcement agency
shall forward the form to the Oklahoma Department of Corrections
within three (3) days after receipt of the form. The verification form
shall be signed by the person and state the current address of the
person. Failure to return the verification form shall be a violation
of this act. If the offender has been determined to be a habitual or
aggravated sex offender by the Department of Corrections, the address
verification shall be conducted every ninety (90) days. The Department
of Corrections shall notify the district attorney's office and local
law enforcement agency of the appropriate county, within forty-five
(45) days if unable to verify the address of a sex offender. A local
law enforcement agency may notify the district attorney's office
whenever it comes to the attention of the local law enforcement agency
that a sex offender is not in compliance with any provisions of this
act.
B. Conviction data and fingerprints shall be promptly transmitted at
the time of registration to the Oklahoma State Bureau of Investigation
(OSBI) and the Federal Bureau of Investigation (FBI) if the state has
not previously sent the information at the time of conviction.
C. The registration with the local law enforcement authority required
by this act shall be in a form approved by the local law enforcement
authority and shall include the following information about the person
registering:
1. The person's full name, alias, date of birth, sex, race, height,
weight, eye color, social security number, driver license number, and
home address; and
2. A description of the offense for which the offender was convicted,
the date of the conviction, and the sentence imposed, if applicable.
For purposes of this section, "local law enforcement authority" means
the municipal police department, if the person resides or intends to
reside or stay within the jurisdiction of any municipality of this
state; or, the county sheriff, if the person resides or intends to
reside or stay at any place outside the jurisdiction of any
municipality within this state.
D. Any person subject to the provisions of the Sex Offenders
Registration Act who changes an address shall give written
notification of the new address to the Department of Corrections
within three (3) business days after the change of address and the
local law enforcement authority within three (3) business days after
the change of address. If the new address is in another state the
Department of Corrections shall promptly notify the agency responsible
for registration in that state of the new address of the offender.
E. The Department of Corrections shall maintain a file of all sex
offender registrations. A copy of the information contained in the
registration shall promptly be available to state, county and
municipal law enforcement agencies and the National Sex Offender
Registry maintained by the Federal Bureau of Investigation. Said file
shall promptly be made available for public inspection or copying
pursuant to rules promulgated by the Department of Corrections and may
be made available through Internet access. The Department of
Corrections shall promptly provide all municipal police departments
and all county sheriff departments a list of those sex offenders
registered and living in their county.
F. Each local law enforcement agency shall make its sex offender
registry available upon request.
When a law enforcement agency sends a copy of or otherwise makes the
sex offender registry available to any public or private school
offering any combination of prekindergarten through twelfth grade
classes or child care facility licensed by the state, the agency shall
provide a notice using the following or similar language: "A person
whose name appears on this registry has been convicted of a sex
offense. Continuing to employ a person whose name appears on this
registry may result in civil liability for the employer."
G. Samples of blood for DNA testing required by subsection A of this
section shall be taken by employees or contractors of the Department
of Corrections. Said individuals shall be properly trained to collect
blood samples. Persons collecting blood for DNA testing pursuant to
this section shall be immune from civil liabilities arising from this
activity. The Department of Corrections shall ensure the collection of
samples are mailed to the Oklahoma State Bureau of Investigation
(OSBI) within ten (10) days of the time the subject appears for
testing. The Department shall use sample kits provided by the OSBI and
procedures promulgated by the OSBI. Persons subject to DNA testing
pursuant to this section shall be required to pay to the Department of
Corrections a fee of Fifteen Dollars ($15.00). Any fees collected
pursuant to this subsection shall be deposited in the Department of
Corrections revolving account.
H. 1. Any person who has been convicted of or received a suspended
sentence or any probationary term for any crime listed in Section 582
of this title and:
a. who is subsequently convicted of a crime or an attempt to commit a
crime listed in subsection A of Section 582 of this title, or
b. who enters this state after November 1, 1997, and who has been
convicted of an additional crime or attempted crime which, if
committed or attempted in this state, would be a crime or an attempt
to commit a crime provided for in subsection A of Section 582 of this
title,
shall be subject to all of the registration requirements of this act
and shall be designated by the Department of Corrections as a habitual
sex offender. A habitual sex offender shall be required to register
for the lifetime of the habitual sex offender.
2. On or after November 1, 1999, any person who has been convicted of
a crime or an attempt to commit a crime, received a suspended sentence
or any probationary term for a crime provided for in Section 7115 of
Title 10 of the Oklahoma Statutes, if the offense involved sexual
abuse or sexual exploitation as these terms are defined in Section
7102 of Title 10 of the Oklahoma Statutes, Section 885, 888, 1111.1,
1114 or 1123 of Title 21 of the Oklahoma Statutes shall be subject to
all the registration requirements of this act and shall be designated
by the Department of Corrections as an aggravated sex offender. An
aggravated sex offender shall be required to register for the lifetime
of the aggravated sex offender.
3. Upon registration of any person designated as a habitual or
aggravated sex offender, pursuant to this subsection, a local law
enforcement authority shall notify, by any method of communication it
deems appropriate, anyone that the local law enforcement authority
determines appropriate, including, but not limited to:
a. the family of the habitual or aggravated sex offender,
b. any prior victim of the habitual or aggravated sex offender, and
c. residential neighbors and churches, community parks, schools,
convenience stores, businesses and other places that children or other
potential victims may frequent.
4. The notification may include, but is not limited to, the following
information:
a. the name and physical address of the habitual or aggravated sex
offender,
b. a physical description of the habitual or aggravated sex offender,
including, but not limited to, age, height, weight and eye and hair
color,
c. a description of the vehicle that the habitual or aggravated sex
offender is known to drive,
d. any conditions or restrictions upon the probation, parole or
conditional release of the habitual or aggravated sex offender,
e. a description of the primary and secondary targets of the habitual
or aggravated sex offender,
f. a description of the method of offense of the habitual or
aggravated sex offender,
g. a current photograph of the habitual or aggravated sex offender,
and
h. the name and telephone number of the probation or parole officer of
the habitual or aggravated sex offender.
5. The local law enforcement authority shall make the notification
provided for in this subsection regarding a habitual or aggravated sex
offender available to any person upon request.
I. Public officials, public employees, and public agencies are immune
from civil liability for good faith conduct under this act.
1. Nothing in this act shall be deemed to impose any liability upon or
to give rise to a cause of action against any public official, public
employee, or public agency for failing to release information in
accordance with this act.
2. Nothing in this section shall be construed to prevent law
enforcement officers from notifying members of the public of any
persons that pose a danger under circumstances that are not enumerated
in this act.
§57-585.
A. Each person in charge of a correctional institution from which a
person subject to the provisions of the Sex Offenders Registration
Act, Section 581 et seq. of this title, is released and each judge who
suspends the sentence of a person subject to the provisions of the Sex
Offenders Registration Act or orders any probationary term for a
person subject to the provisions of the Sex Offenders Registration Act
shall prior to discharge or release of said person:
1. Explain to the person the duty to register pursuant to the Sex
Offenders Registration Act;
2. Require the person to sign a written statement that the duty to
register has been explained and the person understands the duty to
register;
3. Obtain the address at which the person is to reside upon discharge
or release; and
4. Forward said information to the Department of Corrections.
B. The Department of Public Safety shall issue written notification of
the registration requirements of the Sex Offenders Registration Act to
any person who enters this state from another jurisdiction and makes
an initial application for an operator's or chauffeur's license to
operate a motor vehicle in this state.
C. The Department of Corrections shall coordinate with the
Administrative Office of the Courts in promulgating rules to establish
other necessary procedures for notifying offenders of the obligation
to register pursuant to this act and procedures for registration of
those offenders.
D. The Department of Corrections shall coordinate with surrounding
states to establish necessary procedures for notifying offenders that
reside in other states but work or attend school within the State of
Oklahoma of the obligation to register pursuant to this act and the
procedure for registration of those offenders.
§57-586.
§57-586.
No person subject to the provisions of the Sex Offenders Registration
Act, Sections 581 et seq. of this title, shall furnish any false or
misleading information in the registration required by said act.
§57-587.
Any person required to register pursuant to the provisions of the Sex
Offenders Registration Act, Section 581 et seq. of this title, who
violates any provision of said act shall, upon conviction, be guilty
of a felony. Any person convicted of a violation of this section
before the effective date of Section 20.1 of Title 21 of the Oklahoma
Statutes shall be punished by incarceration in a correctional facility
for not more than five (5) years, a fine not to exceed Five Thousand
Dollars ($5,000.00), or both such fine and imprisonment. Any person
convicted of a violation of this section after the effective date of
Section 20.1 of Title 21 of the Oklahoma Statutes shall be guilty of a
Schedule E offense.
§57-588.
§57-589.
A. It is unlawful for any person registered pursuant to the Oklahoma
Sex Offenders Registration Act to work with or provide services to
children or to work on school premises, or for any person or business
who offers or provides services to children or contracts for work to
be performed on school premises to knowingly and willfully allow any
employee to work with children or to work on school premises who is
registered pursuant to the Oklahoma Sex Offenders Registration Act.
Upon conviction for any violation of the provisions of this
subsection, the violator shall be guilty of a misdemeanor punishable
by a fine not to exceed One Thousand Dollars ($1,000.00). In addition,
the violator may be liable for civil damages.
B. A person or business who offers or provides services shall ensure
compliance with subsection A of this section as provided by Section
6-101.48 of Title 70 of the Oklahoma Statutes.
