The following definitions apply to rules
661-83.1 (692A) to
661-83.5 (692A).
"Aggravated offense" means a conviction for
any of the following offenses:
1. Sexual abuse in the first degree in violation of Iowa Code
section 709.2.
2. Sexual abuse in the second degree in violation of Iowa Code
section 709.3.
3. Sexual abuse in the third degree in violation of Iowa Code
section 709.4(1)
"a."
4. Lascivious acts with a child in violation of Iowa Code
section 709.8(1)
"a" or "b."
5. Assault with intent to commit sexual abuse in violation of
Iowa Code section 709.11.
6. Burglary in the first degree in violation of Iowa Code
section 713.3(1)
"d."
7. Kidnapping, if sexual abuse as defined in Iowa Code section
709.1 is committed during the
commission of the offense.
8. Murder in violation of Iowa Code section
707.2 or
707.3, if sexual abuse as
defined in Iowa Code section
709.1 is committed during the
offense.
9. Continuous sexual abuse of a child in violation of Iowa Code
section 709.23.
10. Any conviction for an offense specified in the laws of
another jurisdiction or any conviction for an offense prosecuted in a federal,
military, or foreign court that is comparable to an offense listed in
paragraphs "1" through "9" shall be considered an aggravated offense for
purposes of registering under this chapter.
"Aggravated offense against a minor" means a
conviction for any of the following offenses, if such offense was committed
against a minor or otherwise involves a minor:
1. Sexual abuse in the first degree in violation of Iowa Code
section 709.2.
2. Sexual abuse in the second degree in violation of Iowa Code
section 709.3.
3. Sexual abuse in the third degree in violation of Iowa Code
section 709.4, except for a violation of
Iowa Code section 709.4(1)
"b"(3)(d).
4. Continuous sexual abuse of a child in violation of Iowa Code
section 709.23.
5. Any offense specified in the laws of another jurisdiction or
prosecuted in a federal, military, or foreign court that is comparable to an
offense listed in paragraphs "1" through "4" shall be considered an aggravated
offense against a minor if such an offense was committed against a minor or
otherwise involves a minor.
"Appearance" means to appear in person at a
sheriff's office.
"Business day" means every day except
Saturday, Sunday, or any paid holiday for county employees in the applicable
county.
"Change" means to add, begin, or
terminate.
"Child care facility" means the same as
defined in Iowa Code section
237A.1.
"Convicted" means found guilty of, pleads
guilty to, or is sentenced or adjudicated delinquent for an act which is an
indictable offense in this state or in another jurisdiction including in a
federal, military, tribal, or foreign court, including but not limited to a
juvenile who has been adjudicated delinquent but whose juvenile court records
have been sealed under Iowa Code section
232.150, and a person who has
received a deferred sentence or a deferred judgment or has been acquitted by
reason of insanity. "Convicted" includes the conviction of a juvenile
prosecuted as an adult. "Convicted" also includes a conviction for an attempt
or conspiracy to commit an offense. "Convicted" does not mean a plea, sentence,
adjudication, deferred sentence, or deferred judgment which has been reversed
or otherwise set aside.
"Criminal or juvenile justice agency" means an
agency or department of any level of government or an entity wholly owned,
financed, or controlled by one or more such agencies or departments which
performs as its principal function the apprehension, prosecution, adjudication,
incarceration, or rehabilitation of criminal or juvenile offenders.
"Department" means the department of public
safety.
"Employee" means an offender who is
self-employed, employed by another, and includes a person working under
contract or acting or serving as a volunteer, regardless of whether the
self-employment, employment by another, or volunteerism is performed for
compensation.
"Employment" means acting as an
employee.
"Foreign court" means a court of a foreign
nation that is recognized by the United States Department of State that
enforces the right to a fair trial during the period in which a conviction
occurred.
"Habitually lives" means living in a place
with some regularity, and with reference to where the sex offender actually
lives, which could be some place other than a mailing address or primary
address but would entail a place where the sex offender lives on an
intermittent basis.
"Incarcerated" means to be imprisoned by
placing a person in a jail, prison, penitentiary, juvenile facility, or other
correctional institution or facility or a place or condition of confinement or
forcible restraint regardless of the nature of the institution in which the
person serves a sentence for a conviction.
"Internet identifier" means an electronic mail
address, instant message address or identifier, or any other designation or
moniker used for self-identification during Internet communication or posting,
including all designations used for the purpose of routing or
self-identification in Internet communications or postings.
"Jurisdiction" means any state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Northern Mariana Islands, the United States Virgin Islands,
or a federally recognized Indian tribe.
"Loiter" means remaining in a place or
circulating around a place under circumstances that would warrant a reasonable
person to believe that the purpose or effect of the behavior is to enable a sex
offender to become familiar with a location where a potential victim may be
found, or to satisfy an unlawful sexual desire, or to locate, lure, or harass a
potential victim.
"Military offense" means a sex offense
specified by the U.S. Secretary of Defense under
10 U.S.C. Section
951.
"Minor" means a person under 18 years of
age.
"Principal residence" for a sex offender
means:
1. The residence of the offender, if the offender has only one
residence in this state.
2. The residence at which the offender resides, sleeps, or
habitually lives for more days per year than another residence in this state,
if the offender has more than one residence in this state.
3. The place of employment or attendance as a student, or both,
if the sex offender does not have a residence in this state.
"Professional licensing information" means the
name or other description, number, if applicable, and issuing authority or
agency of any license, certification, or registration required by law to engage
in a profession or occupation held by a sex offender who is required at the
time of the initial requirement to register under this chapter, or any such
license, certification, or registration that was issued to an offender within
the five-year period prior to conviction for a sex offense that requires
registration under this chapter, or any such license, certification, or
registration that is issued to an offender at any time during the duration of
the registration requirement.
"Public library" means any library that
receives financial support from a city or county pursuant to Iowa Code section
256.69.
"Registrant" means a person who is currently
registered with the Iowa sex offender registry.
"Relevant information" means the following
information with respect to a sex offender:
1. Criminal history, including warrants, articles, status of
parole, probation, or supervised release, date of arrest, date of conviction,
and registration status.
2. Date of birth.
3. Passport and immigration documents.
4. Government-issued driver's license or identification
card.
5. DNA sample.
6. Educational institutions attended as a student, including
the name and address of such institutions.
7. Employment information, including name and address of
employer.
8. Fingerprints.
9. Internet identifiers.
10. Names, nicknames, aliases, or ethnic or tribal names, and,
if applicable, the real names of an offender protected under
18 U.S.C. Section
3521.
11. Palm prints.
12. Photographs.
13. Physical description, including scars, marks, or
tattoos.
14. Professional licensing information.
15. Residence.
16. Social security number.
17. Telephone numbers, including any landline or wireless
numbers.
18. Temporary lodging information, including dates when
residing in temporary lodging.
19. Statutory citation and text of offense committed that
requires registration under this chapter.
20. Vehicle information for a vehicle owned or operated by an
offender, including license plate number, registration number, or other
identifying number, vehicle description, and the permanent or frequent
locations where the vehicle is parked, docked, or otherwise kept.
21. The name, gender, and date of birth of each person residing
in the residence.
Exception: "Relevant information" does not include relevant
information in paragraphs "1" and "19," when a sex offender is required to
provide relevant information pursuant to this chapter.
"Residence" means each dwelling or other place
where a sex offender resides, sleeps, or habitually lives, or will reside,
sleep, or habitually live, including a shelter or group home. If a sex offender
does not reside, sleep, or habitually live in a fixed place, "residence" means
a description of the locations where the offender is stationed regularly,
including any mobile or transitory living quarters. "Residence" shall be
construed to refer to the places where a sex offender resides, sleeps,
habitually lives, or is stationed with regularity, regardless of whether the
offender declares or characterizes such place as the residence of the
offender.
"Sex act" means the same as the term is
defined in Iowa Code section
702.17.
"Sex offender" means a person who is required
to be registered under Iowa Code chapter 692A.
"Sex offense" means an indictable offense for
which a conviction has been entered that is enumerated in Iowa Code section
692A.102 and means any
comparable offense for which a conviction has been entered under prior law, or
any comparable offense for which a conviction has been entered in a federal,
military, or foreign court, or another jurisdiction.
"Sex offense against a minor" means an offense
for which a conviction has been entered for a sex offense classified as a tier
I, tier II, or tier III offense under this chapter if such offense was
committed against a minor or otherwise involves a minor.
"Sexually violent offense" means an offense
for which a conviction has been entered for any of the following indictable
offenses:
1. Sexual abuse as defined under Iowa Code section
709.1.
2. Assault with intent to commit sexual abuse in violation of
Iowa Code section 709.11.
3. Sexual misconduct with offenders and juveniles in violation
of Iowa Code section 709.16.
4. Any of the following offenses, if the offense involves
sexual abuse or assault with intent to commit sexual abuse: murder, attempted
murder, kidnapping, burglary, or manslaughter.
5. A criminal offense committed in another jurisdiction,
including a conviction in a federal, military, or foreign court, which would
constitute an indictable offense under paragraphs "1" through "4" if committed
in this state.
"Sexually violent predator" means a sex
offender who has been convicted of an offense which would qualify the offender
as a sexually violent predator under the federal Violent Crime Control and Law
Enforcement Act of 1994, 42
U.S.C. Sections 14071(a)(3)(B), (C), (D), and
(E).
"SORNA" means the Sex Offender Registration
and Notification Act, which is Title I of the federal Adam Walsh Child
Protection and Safety Act of 2006.
"Student" means a sex offender who enrolls in
or otherwise receives instruction at an educational institution, including a
public or private elementary school, secondary school, trade or professional
school, or institution of higher education. "Student" does not mean a sex
offender who enrolls in or attends an educational institution as a
correspondence student, distance-learning student, or any other form of
learning that occurs without the person's physical presence on the real
property of an educational institution.
"Superintendent" means the superintendent or
superintendent's designee of a public school or the authorities in charge of a
nonpublic school.
"Tier I offender" means a registrant who has
been convicted of one or more of the offenses enumerated in Iowa Code section
692A.102(1)
"a."
"Tier II offender" means a registrant who has
been convicted of one or more of the offenses identified in Iowa Code section
692A.102(1)
"b" and is not a "tier I offender."
"Tier III offender" means a registrant who has
been convicted of one or more of the offenses enumerated in Iowa Code section
692A.102(1)
"c" and is not a "tier I offender" or a "tier II
offender."
"Vehicle" means a vehicle owned or operated by
an offender, including but not limited to a vehicle for personal or
work-related use, and including a watercraft or aircraft, that is subject to
registration requirements under Iowa Code chapter 321, 328, or
462A.
