Idaho Sex Offender Records

Who is a Sex Offender?

A sex offender in Idaho is any person convicted of a sex offense or an attempt to commit the offense or not found guilty by reason of insanity. A juvenile adjudicated delinquent for committing a sex crime is also considered a sex offender in the state. Furthermore, persons held by a court as being sexually dangerous or sexually violent are sex offenders. Where a person is convicted for violating federal law or the law of another state that is substantially equivalent to the sex offenses provided for under Idaho laws, the person is a sex offender in Idaho.

Who is Considered a Sex Offender in Idaho?

Idaho State Code 18-8403 describes a juvenile sex offender as an individual who committed the offense when the person was fourteen to eighteen years of age at the time the crime was committed while the Idaho State Code 18-8304, states that a sex offender is any person that is convicted of, made an attempt or solicitation or a conspiracy to commit any of the following offenses on or after the 1st day of July 1993:

Assault with intent to commit rape, infamous crime against nature, conspiracy to commit a crime, lewd and lascivious conduct with a minor but excluding mayhem, murder or robbert
Sexual exploitation by a medical care provider
Aggravated sexual battery
Sexual abuse exploitation of a vulnerable adult
Sexual abuse of a child under 16 years of age
Ritualized abuse of a child
Sexual exploitation of a child
Lewd conduct with a minor
Sexual battery of a minor child, 16 or 17 years of age
Enticing a child over the internet
Murder committed in perpetration of rape
Indecent exposure but excluding misdemeanor conviction
First degree kidnapping committed for the purpose of rape, committing the infamous crime against nature or for committing any lewd and lascivious act upon any child under the age of sixteen, or for purposes of sexual gratification or arousal
Second degree kidnapping where the victim is an unrelated minor
Detention for prostitution
Inducing under 18 years of age into prostitution
Utilizing a person under eighteen years of age for prostitution
Persuading a person under eighteen years of age to patronize a prostitute
Rape excluding where the defendant is 18 years of age
Sexual contact with a prisoner
Incest
Crime against nature
Forcible penetration by use of a foreign object
Video voyeurism where the victim is a minor or upon a second or subsequent conviction
Racketeering if it involves kidnapping of a minor
Sex trafficking

As an Idaho registered sex offender, these individuals will be committing a felony if they apply to or accept employment at a day care facility, a group day care facility or family day care home, or to be on the premises of these locations when children are present except to drop off or pick up the person’s child or children as stated in the Idaho State Code 18-8327.

The employers of these establishments will also be guilty of a misdemeanor if they knowingly employ or accept voluntary services of these registered sex offenders unless they receive judiciary relief. Sex offenders are not allowed to be in any transportation owned or leased by a school or daycare to transport students to or from school or daycare, to or from school or daycare related activity when the children are younger than 18 years of age.’

What Types of Sex Offenders Exist in Idaho?

There are four types of sex offenders in Idaho. Their classification is based on the offense committed and the timeframe they are to register. The types of sex offenders are sex offenders, sexually dangerous offenders, sexually violent offenders, and sexual predators.

Sex offender

Most convicted sex offenders fall under this class of sex offenders. They are persons that have been criminally convicted for committing sex offenses in the state. They must register for ten years from the date of their conviction if sentenced to probation, or ten years from the date of discharge, parole, or release if confined in the Department of Corrections.

Sexually dangerous persons

Offenders called ‘sexually dangerous’ are persons that have a mental disorder that has existed for not less than a year. They also have the tendency to commit sexual offenses and have shown the likelihood to carry out acts of sexual assault or sexual molestation of children. They are required to register every 90 days for the rest of their life.

They are usually incarcerated by the Department of Corrections and are released when the court decides that the person is no more dangerous.

Sexually violent offender

Sexually violent offenders are persons that have been convicted, adjudicated delinquent, or found not guilty by reason of insanity of a sexually violent offense. They must register with law enforcement every 90 days, for life

Offenders that are under this category are assessed before they are released from incarceration. The assessment is submitted to the court to be reviewed. Where the court determines the likelihood to re-offend, the offender will be put under the Department of Human Services’ jurisdiction until they are no longer considered to be sexually violent.

Sexual predator

A ‘Sexual predator’ is any individual who is convicted of committing or attempted commission of any of the following crimes under sections of the Criminal Code of 1961, and the conviction happened after July 1, 1999:

Keeping a place of juvenile prostitution
Juvenile pimping
The exploitation of a child
Child pornography
Criminal sexual assault, where the victim is under 12
Aggravated criminal sexual assault
Predatory criminal sexual assault
Criminal sexual assault, notwithstanding of the age of the victim (if the conviction was on or after January 1, 2006)
Aggravated criminal sexual abuse
Ritualized abuse of a child
First-degree murder (if the victim is under 18 and the offender is over 17)
Sexual misconduct with a person with a disability (if the conviction was on or after January 1, 2011);
Kidnapping or aggravated kidnapping (if the conviction was on or after January 1, 2011);
Unlawful restraint or aggravated unlawful restraint (if the conviction was on or after January 1, 2011);
Child abduction (if convicted on or after January 1, 2011);
First-degree murder, if the victim was under 18 years, the defendant was at least 17 years of age at the time of the commission of the offense, and the offense was sexually motivated as defined in Section 10 of the Sex Offender Management Board Act;
A sexually dangerous person under the Sexually Dangerous Persons Act or any substantially similar federal, state, or foreign country law;
A sexually violent person under the Sexually Violent Commitment Act or any substantially similar federal, state, or foreign country law;
A person convicted of a second or subsequent offense after July 1, 1999 that would require registration under the Sex Offender Registration Act; or
A conviction for an offense of federal law, Uniform Code of Military Justice, the law of another state, or foreign country that is substantially equivalent to any of these offenses listed above.

Sexual predators are meant to register annually for their natural life.

How to Find a Sex Offender Near Me in Idaho

The Idaho Sex Offender Registry is electronically available for public access. The sex offenders (adults and juveniles) can be searched for by using the following criteria: their names, county, maps, city and zip code. The database is also categorized under violent sex offenders, non-compliant sex offenders and offenders with a pending status. It is important to note that the sex offender registry is provided to the public for community protection purposes only; if anyone is caught and found guilty of using the information to harass, intimidate or carry out any criminal offense on the people in the registry, said person or persons will be arrested and prosecuted under the Idaho State Code 18-8326 or Idaho State Code 18-8413.

Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:

The full name on the record of choice
The last known or current address of the named individual
The address of the requestor

What Happens When You Register as a Sex Offender in Idaho?

Convicted sex offenders in Idaho have certain rights restricted, particularly work, privacy, and movement. This is especially for sex offenders that are under parole supervision or probation. Some sex offenders cannot work in certain public or private roles. They cannot be employed with the Office of Secretary of State, Comptroller’s Office, or Department of Central Management Services. Sex offenders under parole may also be prohibited from accessing social networking sites and restricted from using devices with internet capability.

Sex offenders convicted for offenses against children may lose rights to parenting time while on parole, probation, conditional discharge, or mandatory supervised release. This is until the offender complies with the terms and conditions that the court determines to be in the child’s best interests. They also have to make some decisions subject to the approval of their parole officer. The parole officer may make the offender wear a GPS tracker or take annual polygraph examinations.

What is the Idaho Sex Offender Registry?

Idaho State Legislature is aware that sex offenders are at significant risk of committing the sexual offenses again; the efforts put in by law enforcement agencies to carry out investigations, apprehend the offenders who commit these offenses without delay, and protect the communities are hindered by a lapse in the availability of current information about convicted sex offenders who dwell within their jurisdiction.

The legislature believes that making available public access to pertinent information about these convicted sex offenders will help parents and guardians protect their children and wards from possible harm by these convicted sex offenders.

Access to this information will help youth-based organizations and organizations that work with vulnerable members of the community, shield the people under their care from these sex offenders. Public access will help the community to be vigilant of convicted sexual offenders as this will help to prevent a reoccurrence of sex crimes.

As a result, the state of Idaho’s plan to assist law enforcement agencies’ efforts in the protection of the community involves the mandatory registration of sex offenders with local law enforcement agencies and to ensure that certain information about the offenders is available to the public.

Who Runs the Idaho Sex Offender Registry?

The Idaho Department of Correction (IDOC) runs and maintains the state’s sex offenders registry. Sex offenders under the IDOC must comply with registration requirements, have monthly contacts with their probation and parole officers, submit themselves for polygraph tests and treatment requirements, and abide by the Sex Offender Agreement of Supervision agreement.

Interested members of the public may also obtain public record information from third party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. To use a third-party site, record seekers may be required to provide all of some of the following information:

The full name on the record of choice
The last known or current address of the named individual
The address of the requestor

What are the Sex Offender Laws in Idaho?

The Sex Offender Registration began in Idaho on the 1st day of July 1993; it was repealed and replaced with the Sexual Offenders Registration Notification and Community Right-to-Know Act. This became effective on the 1st day of July 1998 and was established by the Idaho State Legislature under the code: Title 18 Chapter 83; in addition to the Juvenile Sexual Offenders Registration Notification and Community Right-To-Know Act under the code: Title 18 Chapter 84 which handles cases that involve juvenile offenders.

This was done to improve administration processes and increase public access to the sex offender registry. This is Idaho’s version of ‘Megan’s Law’. The period of registration for a sex offender in Idaho is for life but an offender can make a request for a release from the full registration period. There are no laws in Idaho that prohibit sex offenders from living with their families.

Both laws previously mentioned cover the requirements that must be met when registering sex offenders in Idaho, it also describes penalties for non-compliance on the part of sex offenders, as well as the responsibilities of law enforcement agencies they owe to the community where registration is concerned - notifying all necessary establishments and neighborhoods about the sex offender(s) that reside with them, the laws also show how sex offenders can have their names expunged from the sex registry if certain conditions are met.

Do Sex Offenders Have to Notify Neighbors in Idaho?

There is no law in Idaho that requires registered sex offenders to notify their neighbors about their convictions. Following sentencing or when judgment is withheld, they are mandated to register as sex offenders with their local sheriff within two working days. They are also required to inform the local registration office of any name or address change in written format within the same time period. The change of address has to be investigated and approved by the supervising parole and probation officer before making a change in residential locations; failure to do this will be a probation violation and it will be filed with the offender's sentencing court. The IDOC is then responsible for uploading the information onto the sex offender registry for community notification.

Sex offenders in Idaho are required to register with the local sheriff yearly. Verifications are sent by mail every four months following the completed initial registration and this will have the day and month the offender is expected to register annually with their registration office. The sex offenders are to fill the verification forms and return them by mail within seven days of the original stamped mailing date. Yearly registration is mandatory and failure to do so as an Idaho sex offender will attract a felony charge; non-compliance cases will be sent to local law enforcement to be charged as such by the staff of the IDOC.

For out-of-state transfers, sex offenders are to register with the transfer state within ten days of relocation and are to inform the initial registration office of the relocation with the new out-of-state address within five business days. In addition to these, the Division of Probation and Parole under the IDOC ensure that sex offenders are monitored by their assigned parole and probation officers or sex offender unit team.

They are responsible for the sex offenders’ classification, the assessment of sex offenders’ progress when they undergo treatment and they make sure they follow the rules of supervision. The duties of these officers include:

Monitoring where offenders work and live
Overseeing curfew checks
Looking into alleged violations
Collection of restitution payments and cost of supervision fees
Ensuring the courts and Commission for Pardons and Parole are informed of the sex offender’s conduct.

What is the Idaho Sexual Offender Management Board?

The Idaho Sexual Offender Management Board is an eleven member policy board that is within the IDOC but works independently from them. The board was created in 2011 by legislative action to develop, improve and monitor Idaho’s sexual offender management policies and practices. Ten members of the board are appointed by the governor while the eleventh member is appointed by the judiciary.

The board is responsible for establishing standards for adult and juvenile psychosexual evaluations and sexual offender treatment programs, making sure professionals who carry out pre-sentence psychosexual evaluations, and post-conviction sexual offender polygraphs ordered by the court, IDOC or Commission for Pardons and Parole are certified. This would provide quality assurance of standards, qualifications and establishing protocols for sexual offender management and classification. The office of the board is located at:

Sexual Offender Management Board
Idaho Department of Correction
1299 North Orchard Street, Suite 110
Boise, ID 83706
Phone: (208) 658-2002
Email: somb@idoc.idaho.gov

List of people the IDOC Are Required to give Sex Offender Registry Information

Idaho State Code 18-8324 mandates the dissemination of the sex offender registry to the following individuals and facilities:

The Attorney General of the United States for inclusion in the national sex offender registry or other appropriate databases
Each school and public housing agency in each area in which the offender resides, is an employee or is a student.
Each jurisdiction where the sexual offender resides, is an employee or is a student and each jurisdiction from or to which a change of residence, employment or student status occurs.
Criminal justice agencies through the public safety and security information system
Any agency responsible for conducting employment-related background checks
Social service entities responsible for protecting minors in the child welfare system
Volunteer organizations in which contact with minors or other vulnerable adults might occur
Any organization, company or individual who requests notification of changes in registry information

How Close Can a Sex Offender Live to a School in Idaho?

According to the Idaho State Code 18-8329, registered sex offenders are prohibited from staying within premises of any daycare property, or school property where children under 18 years of age are present and are involved in any school or daycare related activity or when children are present 30 minutes before or after a scheduled school or daycare activity.

Registered sex offenders are not allowed to loiter on a public environment within 500 feet from the property line of any school or daycare facility including properties with a notice that they are used by a school or daycare when children under the age of 18 years are present and involved in a daycare or school activity, or within 30 minutes before or after a scheduled school or daycare activity.

They are not to live within 500 feet of the property on which a school or daycare is located. This is measured from the nearest point of the exterior wall of the sex offender’s residence to the school’s or daycare’s property line, except the offender’s residence was established before July 1st 2006 for a school and July 1st 2020 for a daycare that was in existence on that date. This law does not apply to a person that lived in a residence before the establishment of a daycare within 500 feet of the person’s residence.

How to Look Up Sex Offender in Idaho

The following information is made available to the public on the Idaho Sex Offender Registry :

The offender’s name including any aliases or prior names
The offender’s date of birth
The address of each residence at which the offender resides or will reside and, if the offender does not have any present or expected residence address, other information about where the offender has his or her home or habitually lives
The address of any place where the offender is a student or will be a student
A physical description of the offender
The offense for which the offender is registered and any other sex offense for which the offender has been convicted and the place of the convictions
A current photograph of the offender
Temporary lodging information including the place and the period of time the offender is staying at such lodging. This means any place in which the offender is staying when away from his or her residence for seven or more days.

Can You Expunge a Sex Offender Charge in Idaho?

A sex offender registered in Idaho can request to be expunged from the sex registry if he or she is not classified as a repeat offender, a violent sexual predator, or is convicted of an aggravated offense after a ten year period from the date the offender was released from incaceration, on parole, on supervised release, probation or whichever is greater. The petition should have the following to support the case for expungement:

Provide clear and convincing evidence that the petitioner has completed any periods of supervised release, probation or parole without revocation
Provide an affidavit indicating that the petitioner does not have a criminal charge pending nor is the petitioner knowingly under criminal investigation for any violent crime or crime identified in section 18-8304, Idaho Code.
Provide proof of service of such petition and supporting documents upon the county prosecuting attorney for the county in which the application is made and upon the central registry
Provide a certified copy of the judgment of conviction which caused the petitioner to report as a sexual offender
Provide clear and convincing evidence that the petitioner has successfully completed a sexual offender treatment program
Provide an affidavit demonstrating that the petitioner has no felony convictions during the period for which the petitioner has been registered
Provide an affidavit demonstrating that the petitioner has committed no sex offenses during the period for which the petitioner has been registered.

If the district court finds the petition sufficient, the petitioner, the county prosecuting attorney and central registry are given a sixty day prior notice for a hearing. An exemption will be granted after a hearing in an open court, the petitioner has complied with the above-listed requirements and is not at risk of committing any other sexual offense. In conjunction with the entry of any additional order that exempts the petitioner from the registration requirements, the court may order that any information that concerns the petitioner be expunged from the central registry.

If a juvenile offender has reached the age of 21, the prosecutor may petition that the offender be transferred to an adult registry, this can be granted if the court comes to the conclusion that the offender will pose a threat to the community. In the event that no petition is filed or the court believes the juvenile offender poses no threat to the safety of others, the juvenile offender’s information will be removed from the registry.

Is Public Urination a Sex Offense in Idaho?

Public urination is not categorized as a sex offense in Idaho but it is described under a different state code - as obscene material in Idaho State Code 18-1514 (2) (ii). In that regard, anyone who knowingly displays or permits to be exhibited their human genitals without a non-transparent covering or a depiction of a covered male genitalia in an erect state in a manner that is visible from any street, sidewalk, or public area, transportation facility, residence where the person knows that the occupant of said residence objects to such exhibition is guilty of a misdemeanor - this is also classified as an indecent exposure.

What is Indecent Exposure in Idaho?

The state of Idaho describes indecent exposure as the wilful and lewd display of genitals in a public space where people present are offended by such display. This also covers the persuasion, counsel or assistance of another person to expose his or her genitals where people are offended or annoyed, excluding breastfeeding or exposing the breasts for the purpose of feeding a child. This makes the person(s) guilty of a misdemeanor. A guilty person of this offense or something similar in another state or local jurisdiction for a second time within 5 years is guilty of a felony and will be sentenced to a period that does not exceed 10 years in the state prison.

How to Report a Sex Offender in Idaho

If a person believes that a sex offender is violating the terms of his or her probation, or parole, or registry, official reports can be made in person or electronically using the following details of the sex offender registry and district offices below:

Idaho Sex Offender Registry
Central Sex Offender Registry
700 South Stratford Drive, Suite 120
Meridian, ID 83642-6251
Phone: (208) 884-7305
Fax: (208) 884-7193
Email: idsor@isp.idaho.gov

District Offices: Coeur d'Alene
District 1
202 Anton, First Floor
Coeur d'Alene, ID 83815
Phone: (208) 769-1444

Lewiston
District 2
908 Idaho Street
Lewiston, ID 83501
Phone: (208) 799-5030
Fax: (208) 799-8556

Caldwell
District 3
3110 Cleveland Blvd.
Building D
Caldwell, ID 83605
Phone: (208) 454-7601

Boise Area
District 4
10221 West Emerald Street
Boise, ID 83704
Phone: (208) 327-7008
Fax: (208) 327-7351

Twin Falls
District 5
731 Shoup Avenue West
Twin Falls, ID 83301
Phone: (208) 736-3080

Pocatello
District 6
1246 Yellowstone Avenue
Suite F
Pocatello, ID 83201-4310
Phone: (208) 237-9194

Idaho Falls
District 7
2225 West Broadway Street, Suite A
Idaho Falls, ID 83402
Phone: (208) 528-4220

Under Idaho State Code 18-8311, sex offenders that are required to register under Idaho state laws but willfully provide false or misleading information for registration, intentionally fail to register, fail to verify their address, or fail to provide necessary information for such registration purposes will be found guilty of a felony and be punished with a prison sentence that shall not exceed 10 years and by a fine that shall not exceed $5,000. In the instance that the sex offender is on probation or supervised release, or suspension from incarceration at the time of the violation, the probation or supervised release or suspension will be revoked and penalty for the violation will be added to the offender’s original sentence and served consecutively.