Osceola County Sheriff's Office

Sex Offender Guidelines

Who has to Register as a Sex Offender?

Any individual who has been convicted or adjudicated of a criminal offense against a minor, sexual exploitation, or a sexually violent crime who is on probation, parole, or work release status, and incarcerated on or after July 1, 1995 is required to register as a sex offender. Registration includes individuals that have received a deferred sentence or deferred judgment and can include convictions from other jurisdictions such as other states and/or federal convictions.

What are a Sex Offenders Classifications?

Tier I Offender means a registrant who has been convicted of one or more of the offenses enumerated in the 2009 Iowa Acts, Senate File 340, section 2, subsection 1, paragraph "a". Tier I sex offenses are those that do not meet the Tiers II or III requirements.

Tier II Offender means a registrant who has been convicted of one or more of the offenses enumerated in the 2009 Iowa Acts, Senate File 340, section 2, subsection 1, paragraph "b," and is not a "Tier I Offender." Tier II sex offenses do not involve force, threat of violence, or incapacitation of a victim and are punishable by more than one year of incarceration.

Tier III Offender means a registrant who has been convicted of one or more of the offenses enumerated in the 2009 Iowa Acts, Senate File 340, section 2, subsection 1, paragraph "c," and is not a "Tier I Offender" or a "Tier II Offender." Tier III sex offenses involve force, threat of violence, or incapacitation of a victim and are punishable by more than one year of incarceration.

How long is an individual required to Register as a Sex Offender?

An individual that is required by law to register with the Iowa Sex Offender Registry must do so for a period of

10 years. The 10-year time period will recommence upon probation/parole revocations. If an individual has subsequent sex-related convictions, the registrant's registration period changes to lifetime or if a registrant is convicted of an Aggravated offense, he/she must register for life.

What are the restrictions on where a Sex Offender can live?

A Sex Offender shall not establish residency within two thousand feet (2,000) of the real property comprising any of the following child oriented facilities after July 1, 2002:

A Public or Private Elementary or Secondary School
A Child Care Facility
A Public Library
A Public Park
A Public Swimming Pool
A Multiuse Recreational trail

Exemptions include:

An offender who is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility that resides within 2,000 feet of the real property listed above;
An offender that is subject to an order of commitment under Chapter 229A;
An offender who has established a residence prior to July 1, 2002, or a school or childcare facility is newly located on or after July 1, 2002;
An offender is a minor or ward under a guardianship; or
An offender is a patient at a health care facility and the residence resides within 2,000 feet of the real property listed above.

A Sex Offender who has moved into a "Restricted Zone" after the law's enactment on July 1, 2002 is in violation of the Iowa Sex Offender Guidelines. Enforcement of a "Restricted Zone" is determined by local jurisdictions on a case by case basis. If you have any questions regarding where a registered sex offender is living, please contact the Osceola County Sheriff's Office at 712-754-2556.

Are their exclusion zones or prohibited employment for a Sex Offender?

A registered sex offender convicted of a sex offense against a minor is not allowed to be present without permission on:

The grounds of a school, unless enrolled as a student,
A child care facility,
The grounds of a public library,
On or in a school bus (or other school vehicle) when children are being transported (unless enrolled as a student, or unless the bus is also made available to the public as a form public transportation).

A registered sex offender convicted of a sex offense against a minor is not allowed to loiter with 300 feet of:

A school, unless enrolled as a student, dropping or picking up their child
A child care facility,
A public library, unless used as a polling place
Any place intended primarily for the use of minors including but not limited to a playground available to the public, a children's play area available to the public, recreational or sport-related activity area when in use by a minor, a swimming or wading pool available to the public when in use by a minor, or a beach available to the public when in use by a minor

A registered sex offender convicted of a sex offense against a minor is prohibited from operating, managing, being employed by, or acting as a contractor or volunteer at any:

Municipal, county, or state fair or carnival when a minor is present on the premises.
Premises of a children's arcade, an amusement center having coin or token operated devices for entertainment, or facilities providing programs or services intended primarily for minors, when a minor is present.
Public or nonpublic elementary or secondary school, child care facility, or public library.
Place intended primarily for use by minors including but not limited to a playground, a children's play area, recreational or sport-related activity area, a swimming or wading pool, or a beach.

What is required of individuals that have to Register as a Sex Offender?

An individual is required by law to register with the Iowa Sex Offender Registry and must report any change of address or telephone number within 5 days of the change for the entire registration period. When moving within the same county, the County Sheriff's Office must be notified. When moving to a different county within the state of Iowa, the registrant must report a change of residence to the Sheriff's Office in the county in which the individual has established new residence and to the Sheriff's Office of the county in which the individual was previously registered. Reporting a change of residence, name, or telephone number is also required when an individual moves out of the state of Iowa. Also, the individual must respond within 10 days of receipt of a "Verification of Address" form that is mailed to them by the Iowa Department of Public Safety. Failure to comply with the registration laws can result in additional criminal charges against the registrant.

    � A sex offender classified as a Tier I Offender, must verify relevant information every year.
    � A sex offender classified as a Tier II Offender, must verify relevant information every six months.
    � A sex offender classified as a Tier III Offender, must verify relevant information every three months.

A $10 fee must be collected before all Sex Offender Registration changes become valid in Osceola County.

What happens if a Sex Offender fails to register?

An intentional failure to register as required by the Code of Iowa, Chapter 692A.7 is an Aggravated Misdemeanor for the first offense and subject to imprisonment not to exceed 2 years, and a second or subsequent offense is a Class �D� felony, subject to imprisonment not to exceed 5 years. A person who intentionally fails to register and commits a criminal offense against a minor, sexual exploitation or a sexually violent offense has committed a Class �C� felony and is subject to imprisonment not to exceed 10 years. Failure to register can also result in an automatic revocation of probation, parole, or work release.

The Iowa Sex Offender Registry is intended to serve as a deterrent; to protect the citizens of Iowa. Contact the Osceola County Sheriff's Office immediately if you believe that a crime is or may have been committed at 712-754-2556 or text your information to "CRIMES" (274637), enter our agency ID "Tip721" then your tip.

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