46.2801 Registration of persons convicted of offenses against a victim who is a child.

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(a) Any person convicted of the following offenses, when the act was committed upon a victim who was a minor, or person under the age of 18 years at the time of commission, is required to register their name, identifying information, current residential address, and provide fingerprint, photograph, and any requested body fluids to the Department of Public Safety, corrections division warden:

46.3531 Kidnapping
46.3532 Felonious restraint
46.3533 False imprisonment
46.3534 Interference with custody
46.3604 Rape
46.3610 Sexual Assault
46.3611 Sodomy
46.3612 Deviate sexual assault
46.3615 Sexual abuse in the first degree
46.3616 Sexual abuse in the second degree
46.3617 Child molesting
46.3703 Patronizing Prostitution
46.3706 Promoting prostitution in the first degree
46.3707 Promoting prostitution in the second degree
46.3401 Attempt, when committed with the purpose of attempting the above offenses

(b) Persons convicted of these offenses, when the victim is a minor, or person under 18 years of age, shall for a period of ten (10) years from the date of release from prison, being placed on parole, supervised release, or probation, be required to notify the Department of Public Safety, correction division, of any change of residence within ten (10) days of the change of address. This requirement includes being out of the territory for a period of over six (6) months, or for any period of time where he/she is employed, or is a student.
Any person convicted of the above offenses who fails to register, or who fails to notify the Department of Public Safety, corrections division warden within ten (10) days of any change in residence, including being out of the Territory of American Samoa, is guilty of a crime, and upon convictions may be sentenced as for a class A misdemeanor.
(c) Any person who is required to register under subsection (a) above is also required to notify the Department of Public Safety, corrections division warden, within ten days of the registrant’s commencement, termination or current enrollment or employment at any institution of higher learning within the territory. Any person who fails to provide timely notification in compliance with this subsection is guilty of a crime, and upon conviction may be sentenced as for a class A misdemeanor.
(d) Upon the conviction for any of the offenses set forth in subparagraph (a), the Court shall document through the judgment and sentencing record that prior to release from prison, being placed on parole, supervised release, or probation, that the warden of the Department of Public Safety, corrections division, will inform and explain to the convicted person his/her requirement to registered and obtain verification of notification through the signature of the offender.
The corrections division warden is responsible for the maintenance of the registry, which at a minimum, shall contain the following:
(1) notification to the offender of the offender’s duty to register, maintaining a copy of this notification, signed by the offender and the Warden of the corrections division, and to obtain the information, fingerprints, photographs, and samples required for such registration;
(2) notification to the offender of the offender’s duty to notify the Department of Public Safety, correction division warden of any change in their residential address within ten (10) days of changing addresses;
(3) notification to the offender of the offender’s duty to contact the state agency responsible for registering offenders in any other state, territory, or jurisdiction of the United States in which they intend to reside, move or relocate;
(4) The Department of Public Safety, corrections division warden is responsible for maintaining a registry of offenders which include at a minimum the offender’s photograph, fingerprints, criminal history, and identifying information, which includes information on current residential address, spouse, and family matai;
(5) The Department of Public Safety, correction division warden shall be responsible for verifying the addresses of each offender in American Samoa through a physical verification of the residential address every three months;
(6) The Department of Public Safety, corrections division warden shall be responsible for maintaining a registry of those offenders’ records which are referred from other states or jurisdictions of the United States, including those military or former military personnel and federal employees under federal judgments;
(7) The Department of Public Safety, corrections division warden shall be responsible for transmitting all registry information, including photographs and fingerprints, criminal history, and identifying information to the U.S. Department of Justice, Federal Bureau of Investigation repository, National Sex Offender Registry (NSOR) and Department of Human and Social Services within ten (10) days of release, placement on parole, supervised release, or probation.
(8) The Department of Public Safety, corrections division warden shall be responsible for maintaining registry records of non-resident offenders who reside in American Samoa for school or employment for more than 14 days or for an aggregate period exceeding 30 days in a calendar year;
(9) The Department of Public Safety, corrections division warden shall be responsible for transmitting all registry information on offenders who change their residence to another state or territory or who work or attend school in other jurisdictions, including photographs, fingerprints, criminal history, and identifying information for those offenders who notify the corrections division of a change of address to another jurisdiction, or upon determining that the offender has moved to another jurisdiction and has failed to notify the corrections division.

History: 1999, PL 26-7.