Ark. Code Ann. § 12-12-907 (2020)
Report to Arkansas Crime Information Center — Report to law enforcement agency
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- Within three (3) days after registering or updating the registration file of a sex offender, the Division of Correction, the Division of Community Correction, the Department of Human Services, the sentencing court, or the local law enforcement agency having jurisdiction shall report, by electronic means, all information obtained from the sex offender and regarding the sex offender to the Arkansas Crime Information Center.
- The center shall immediately enter the information into its record system for maintenance in a central registry and notify the local law enforcement agency having jurisdiction.
- The center will share information with the National Sex Offender Public Website.
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- No later than five (5) calendar days after release from incarceration or after the date of sentencing, a sex offender shall report in person to the local law enforcement agency having jurisdiction and update the information in the registration file.
- If the sex offender is not already registered, the local law enforcement agency having jurisdiction shall register the sex offender in accordance with this subchapter.
- Within three (3) days after registering a sex offender or receiving updated registry information on a sex offender, the local law enforcement agency having jurisdiction shall report, by electronic means, all information obtained from the sex offender to the center.
- The local law enforcement agency having jurisdiction shall verify the address of a sexually dangerous person on a quarterly basis and the address of all other sex offenders on a semiannual basis.
- The center shall have access to the offender tracking systems of the Division of Correction and the Division of Community Correction to confirm the location of registrants.
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History. Acts 1997, No. 989, § 6; 1999, No. 1353, § 5; 2001, No. 1743, § 6; 2013, No. 505, § 8; 2013, No. 508, § 9; 2015, No. 358, § 8; 2017, No. 916, § 4; 2019, No. 262, §§ 4-6; 2019, No. 910, §§ 712, 713.
Amendments. The 2013 amendment by No. 505 substituted “a sexually dangerous person” for “sexually violent predators” in (b)(3).
The 2013 amendment by No. 508 substituted “National Sex Offender Public Registry” for “National Sex Offender Registry” in (a)(3).
The 2015 amendment substituted “local law enforcement agency having jurisdiction” for “center” in (b)(3).
The 2017 amendment inserted “in person” in (b)(1)(A).
The 2019 amendment by No. 262 deleted “written or” preceding “electronic” in (a)(1) and (b)(2); and substituted “five (5) calendar days” for “ten (10) days” in (b)(1)(A).
The 2019 amendment by No. 910 substituted “Division of Correction” for “Department of Correction” and “Division of Community Correction” for “Department of Community Correction” in (a)(1) and (b)(4).
Case Notes
Failure to Report Found.
Circuit court did not err in finding that defendant violated the terms and conditions of his suspended imposition of sentence by committing the new offense of failing to register as a sex offender after he was released from incarceration; although defendant objected to the Arkansas Crime Information Center documents when the documents were introduced, he did not raise the Confrontation Clause basis for objection until after the evidence had been introduced and the State had rested its case and therefore that argument was waived. Allen v. State, 2020 Ark. App. 84, 596 S.W.3d 518 (2020).
Strict Liability Offense.
Because the failure to register as a sex offender was a strict liability offense under § 12-12-901 et seq. and the state proved that defendant was required to register but failed to do so, the trial court did not err by denying defendant's motion for a directed verdict. Adkins v. State, 371 Ark. 159, 264 S.W.3d 523 (2007).
Cited: Fleming v. State, 2014 Ark. App. 235 (2014).