Failure to comply with registration and reporting requirements — Refusal to cooperate with assessment process

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  1. (a)

    1. (1)

      1. (A) A person is guilty of a Class C felony who:

        1. (i) Fails to register or verify registration as required under this subchapter;

        2. (ii) Fails to report in person a change of address, employment, education, or training as required under this subchapter;

        3. (iii) Refuses to cooperate with the assessment process as required under this subchapter; or

        4. (iv) Files false paperwork or documentation regarding verification, change of information, or petitions to be removed from the Arkansas Sex Offender Registry.

      2. (B)

        1. (i) Upon conviction, a sex offender who fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2) is guilty of a Class C felony.

        2. (ii) If a sex offender fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2), as soon as administratively feasible the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, or the Department of Human Services shall contact the local law enforcement agency having jurisdiction to report the violation of subdivision (a)(1)(B)(i) of this section.

    2. (2) It is an affirmative defense to prosecution if the person:

      1. (A) Delayed reporting a change in address because of:

        1. (i) An eviction;

        2. (ii) A natural disaster; or

        3. (iii) Any other unforeseen circumstance; and

      2. (B) Provided the new address to the local law enforcement agency having jurisdiction in person no later than five (5) business days after the person establishes residency.

  2. (b) Any agency or official subject to reporting requirements under this subchapter that knowingly fails to comply with the reporting requirements under this subchapter is guilty of a Class B misdemeanor.


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