Alabama

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Utah

Vermont

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Wisconsin

Wyoming

Adult Qualifying Offenses

Ala. Code § 36-18-24

Alaska Stat. § 44.41.035

Ariz. Rev. Stat. § 13-610

Ark. Code Ann. § 12-12-1103

Cal. Penal Code § 296

Colo. Rev. Stat. Ann. §§ 16-11-102.3, 16-11-104

Conn. Gen. Stat. Ann. § 54-102g

Del. Code Ann. 29 § 4713

Fla. Stat. Ann. § 943.325

Ga. Code Ann. § 24-4-60

Hawaii H.B. 1733 § 31

Idaho Code § 19-5506

730 Ill. Comp. Stat. Ann. § 5/5-4-3

Ind. Code Ann. § 10-13-6-10

Iowa Code Ann. §§ 81.2, 901.5, 906.4

Kan. Stat. Ann. § 21-2511

Ky. Rev. Stat. Ann. §§ 17.170 to 17.174

La. Rev. Stat. Ann. §§ 15:603, 15:609

Me. Rev. Stat. Ann. 25 § 1574

Md. Code Ann., Pub. Saf. §2-504

Mass. Gen. Laws Ann. 22E § 3

Mich. Comp. Laws Ann. §§ 28.176, 750.520m

Minn. Stat. Ann. § 609.117

Miss. Code Ann. §§ 47-5-183, 45-33-37

Mo. Ann. Stat. § 650.055

Mont. Code Ann. §§ 44-6-101 to 44-6-103

Neb. Rev. Stat. §§ 29-4106, 29-4103

Nev. Rev. Stat. § 176.0913

N.H. Rev. Stat. Ann. §§ 651-C:1, C:7

N.J. Stat. Ann. § 53:1-20.20

N.M. Stat. Ann. §§ 29-16-3, 29-16-6, 29-11A-3

N.Y. Exec. Law § 995

N.C. Gen. Stat. § 15A-266.4

N.D. Cent. Code § 31-13-03

Ohio Rev. Code Ann. § 2901.07

Okla. Stat. Ann. 74 § 150.27a

Or. Rev. Stat. § 137.076

Pa. Stat. Ann. 44 §§ 2303, 2316

R.I. Gen. Laws § 12-1.5-7

S.C. Code Ann. § 23-3-620

S.D. Codified Laws §§ 23-5A-1, 23-5A-4

Tenn. Code Ann. § 40-35-321

Tex. Gov't Code Ann. §§ 411.148, 411.1471, 411.1481, 411.154

Utah Code Ann. § 53-10-403

Vt. Stat. Ann. 20 §§ 1932, 1933

Va. Code Ann. § 19.2-310.2

Wash. Rev. Code Ann. § 43.43.754

W. Va. Code Ann. § 15-2B-6

Wis. Stat. Ann. §§ 165.76, 980.063

Wyo. Stat. Ann. § 7-19-403

Are All Felonies Included as Qualifying Offenses?

Yes

No (only class A, B, & C crimes)

Yes

Yes (All "crimes")*

Yes

Are Misdemeanors Included as Qualifying Offenses?

Yes

Yes*

Yes

Yes (class E crimes)

Yes

Probably*

Yes

Yes (All "crimes")*

Yes (certain sex offenses)

Yes

No*

Yes

Misdemeanor Sex Crimes

Sexual misconduct
Sexual abuse (2°)
Indecent exposure
Enticing child to enter place
for immoral purposes

Sexual assault (4°)
Sexual abuse of minor (4°)
Indecent exposure (2°)
Promoting prostitution of minors (3°)

Sexual assault of spouse (judge can downgrade to misdemeanor)
Indecent exposure (3rd violation)
Public sexual indecency (3rd violation)
[Offense for which one must register as a sex offender]

Public sexual indecency
Indecent exposure
Sodomy
Sexual assault (4°)
Failure to report computer child porn

§ 296 includes misdemeanor offenses that warrant registration as a sex offender

Sexual assault
Unlawful sexual contact
Sexual assault on client by psychotherapist
Sexual exploitation of a child by possession
of sexually exploitative material
Indecent exposure
Sexual conduct in a penal institution

Public indecency (against minor)
Sexual assault (4°)

Sexual harassment
Indecent exposure (1° and 2°)
Incest
Unlawful sexual contact (3°)

Disclosing, publishing, or broadcasting ID information of a sexual battery victim
Failure to Report Sex. Battery
Unnatural and Lascivious Act
Exposure of Sexual Organs

Certain statutory rapes

***

Sexual exploitation of a child

***

Assault with intent to commit sexual
abuse (aggravated misdemeanor)

Criminal sodomy (bestiality)
Lewd and lascivious behavior
Adultery (one party's a minor)
Promoting prostitution of minor
Patronizing a prostitute (one party's a minor)
Sexual battery

***

Misdemeanor carnal knowledge of juvenile
Prostitution; prostitution by massage
Soliciting for prostitutes
Inciting prostitution
Improper massage
Letting premises for prostitution, obscenity
Peeping Tom

Sexual abuse of a minor
Unlawful sexual contact

***

Enticing a child for immoral purposes "Disorderly person"
Indecent exposure
Prostitution
Leasing house for prostitution
Female under age of 17 in a house of prostitution
Criminal sexual conduct (4°)

***

Disseminating sexual material
to children
Sex between teacher/pupil

Sexual misconduct (1°)
Sexual misconduct (2°)
Sexual misconduct (3°)

***

Statutory sex. Seduction
(Offender < 21)
Soliciting minor to do crime against
nature (if minor never engaged in act)
Open or gross lewdness
Indecent or obscene exposure

Sexual assault

***

Criminal sexual contact (4°) (via use of force or coercion) Enticement of child

"Sex offense" or "sexually violent offense"

Sexual battery

Corruption/solicitation of
minors > 15
Sex. assault of minor > 15 yr
by an adult, 18-21 yrs.
Special order by court re:
an offense that includes a
nonconsensual sexual act

Unlawful sexual conduct with a minor
"Sexually oriented offense" (if committed by certain offenders)
Violation arising out of the same facts, circumstances, and act as did previously dismissed or amended charges of rape, sexual battery, unlawful sexual conduct with a minor, or gross sexual imposition.

Any crim which requires an individual to register pursuant to the Sexual Offenders Registration Act

Sexual abuse (3°)
Public indecency

Indecent assault

***

Eavesdropping, peeping

Sex. contact w/ minor < 16
Sex. contact w/o consent from one
capable of consenting
Failure of ISPs, film processors, computer
repairmen to report child porn
Failure to register as sex offender

***

Public lewdness
Indecent exposure

Sex. Abuse of minor

***

Communication with minor
for immoral purposes

Sexual abuse (2° or 3°)

***

Misdemeanor Violent Crimes

Criminally negligent homicide
Assault (3°)
Menacing
Reckless endangerment
Criminal coercion
Unlawful imprisonment (1°)
Unlawful imprisonment (2°)
Domestic violence (3°)

Assault (4°)
Reckless endangerment
Stalking (2°)
Custodial interference (2°)

Unlawful imprisonment of minor

Repeat offense of a misdemeanor "involving violence"

***

"Any crime against an 'at-risk' adult/juvenile"

Unlawful restraint (2°) (against minor)

***

Cruelty to Animals
Criminal Restraint of Minor

***

Battery of police officer, schoolteacher, athletic official, correctional facility employee
Simple battery; Child welfare worker, infirm
Domestic abuse battery
Simple and aggravated assault
Unlawful use of laser on police officer
Assault on school teacher
Stalking

***

Stalking

False imprisonment
Abuse/Neglect of older or vulnerable person
Stalking (2nd offense)

***

Simple assault/battery
of handicapped
Stalking

***

Violation arising out of the same facts, circumstances, and act as did previously dismissed or amended charges of aggravated murder, murder, and kidnapping

***

Luring child into motor vehicle

***

Stalking
Harassment

Assault/battery
Assault/battery of police,
firemen, etc.
Giving false info re: child's injuries
Involuntary manslaughter
Attempted extortion by threat

***

Misdemeanor Property Crimes

***

Burglary (4°)
B+E Motor Vehicle

***

Violation arising out of the same facts, circumstances, and act as did previously dismissed or amended charges of aggravated burglary

***

"Class A burglary offense"
Attempted burglary

***

Miscellaneous Misdemeanors / Notes

***

*Those convicted of a misdemeanor can petition the court for expungement of the sample from the database

***

Escape
The lab results from a DNA test ordered
pursuant to the statute for post-conviction
DNA testing shall be made available to
state and federal DNA databases (see
§ 18-1-416)

***

Abandonment of child
Endangering welfare of incompetent person
Unlawfully dealing with a child
Endangering children
Criminal non-support
Aggravated criminal non-support
Pierce/tattoo minor w/o consent of parent
Sale/distribution of tobacco to minors (violation)

***

The lab results from a DNA
test ordered pursuant to the
statute for post-conviction
DNA testing (§ 5-5-41) are
included in the data bank

"Nothing in this section shall be construed as prohibiting collection and analysis of specimens, samples, or print impressions as a condition of a plea for a non-qualifying offense."

***

Court order (made in conjunction with any other offense in the
Criminal Code of 1961)

***

The court and parole board have discretion to order DNA profiling of other individuals (considerations include the appropriateness of ordering DNA profiling, the deterrent effect of
DNA profiling, the likelihood of
repeated offenses by the
defendant, and the seriousness
of the offense)

***

Lesser Included Offense
if the qualifying offense
was originally charged

***

* 609.117 includes conviction of "any offense arising out of the same set of circumstances" as the qualifying felony.

***

Plea agreement (see § 46-18-202)
If a felon requests post-conviction DNA
testing, and the results are unfavorable,
the court shall order his sample placed
into the state and federal databases
(see § 46-21-110)

***

Failing to register as convicted person

***

* A "crime" is an offense for
which a sentence of
imprisonment greater than
6 months is authorized
(see § 2C-1:4)

***

Interference with custody
"Child-victim oriented offense" (if committed by certain offenders)

***

Court order (for any criminal offense)

***

Court order

Conviction on lower degree of qualifying offense

* No specific misdemeanors are listed in the statute; however, a DNA sample may be collected as part of a plea agreement where the original crime charged was a felony.

***

Inclusion of Juveniles

Ala. Code § 36-18-24

Alaska Stat. § 44.41.035

Ariz. Rev. Stat. § 13-610

Ark. Code Ann. § 9-27-357

Cal. Penal Code § 296

Colo. Rev. Stat. Ann. § 19-2-924.5

Conn. Gen. Stat. Ann. § 54-102g

Del. Code Ann. 29 § 4713

Fla. Stat. Ann. § 943.325

Ga. Code Ann. § 24-4-60

Hawaii H.B. 1733 § 31

Idaho Code § 19-5506

730 lll. Comp. Stat. Ann. § 5/5-4-3

Ind. Code Ann. § 10-13-6-10

Iowa Code Ann. § 81.2, 232.52

Kan. Stat. Ann. § 21-2511

Ky. Rev. Stat. Ann. § 17.174

La. Rev. Stat. Ann. § 15:609

Me. Rev. Stat. Ann. 25 §§ 1572, 1574

Md. Code Ann., Pub. Saf. § 2-504

Mass. Gen. Laws Ann. 22E § 3

Mich. Comp. Laws Ann. §§ 712A.18k, 803.225a, 803.307a

Minn. Stat. Ann. § 609.117

Miss. Code Ann. §§ 47-5-183, 45-33-37

Mo. Ann. Stat. § 650.055

Mont. Code Ann. § 44-6-103

Neb. Rev. Stat. § 29-4106

Nev. Rev. Stat. 14 § 176.0913

N.H. Rev. Stat. Ann. §§ 651-C:1, C:7

N.J. Stat. Ann. § 53:1-20.20

N.M. Stat. Ann. §§ 29-16-3, 32A-2-3

N.Y. Exec. Law § 995

N.C. Gen. Stat. § 15A-266.4

N.D. Cent. Code § 31-13-03

Ohio Rev. Code Ann. § 2152.74

Okla. Stat. Ann. 74 § 150.27a

Or. Rev. Stat. § 419C.473

Pa. Stat. Ann. 44 §§ 2303, 2316

R.I. Gen. Laws § 12-1.5-7

S.C. Code Ann. § 23-3-620

S.D. Codified Laws §§ 23-5A-1, 23-5A-4

Tenn. Code Ann. § 40-35-321

Tex. Gov't Code Ann. §§ 411.148, 411.1481, 411.150

Utah Code Ann. § 53-10-403

Vt. Stat. Ann. 20 § 1933

Va. Code Ann. § 16.1-299.1

Wash. Rev. Code Ann. § 43.43.754

W. Va. Code Ann. § 15-2B-6

Wis. Stat. Ann. § 165.76

Wyo. Stat. Ann. §§ 7-19-401, 7-19-403

Are Juveniles Adjudicated
Delinquent (Or Its Equivalent)
Included in the Database?

Unclear. The statute applies to "persons convicted"of a qualifying offense. However, other statutes (§ 12-15-102 and § 15-20-27) provide for DNA to be taken from juveniles adjudicated delinquent of a criminal sex offense or charged with class A or B felonies. These other statutes do not specify whether such DNA samples may be included in the DNA database.

Yes. The statute applies to juveniles tried as adults, and juveniles 16 yrs. or older adjudicated delinquent.

Yes. The statute applies to juveniles adjudicated delinquent.

Yes. The statute applies to juveniles adjudicated delinquent for specific sexual and violent offenses.

Yes. The statute applies to juveniles adjudicated under the Welfare and Institutions Code.

Yes. The statute applies to juveniles adjudicated for an offense involving "unlawful sexual behavior" or for which the underlying factual basis involved an offense involving "unlawful sexual behavior."

No. The statute applies to "any person…convicted"

No. The statute applies to "any person convicted"

Yes. The statute applies to juveniles adjudicated delinquent.

No. The statute applies to "any person convicted"

No. The statute specifically excludes juveniles.

No. The statute applies to "any person…convicted" of a qualifying offense; the statute expressly includes juveniles tried as adults.

Yes. The statute applies to juveniles found delinquent (i.e., found guilty or given supervision under the Juvenile Court Act of 1987)

No. The statute applies to "a person convicted"

Yes. The statute applies to juveniles adjudicated delinquent

Yes. The statute applies to juveniles adjudicated as juvenile offenders

Yes. The statute applies to juveniles adjudicated as public offenders.

Yes. The statute applies to juveniles arrested for a qualifying offense, and to juveniles adjudicated delinquent for the commission of a felony-grade delinquent act.

Yes. The statutes apply to juveniles adjudicated delinquent

No. The statutes apply to "an individual who is convicted." (See also § 2-511 and the references contained within: DNA records and samples are expunged upon transfer of the case to juvenile court.)

Yes. The statute applies to juveniles adjudicated as youthful offenders.

Yes. The statutes apply to juveniles under the jurisdiction of a juvenile agency who have been found responsible or convicted of certain offenses.

Yes. The statutes apply to juveniles adjudicated as delinquent children

No. The statutes apply to "individuals convicted" of a sex offense or a felony.

No. The statute applies to "every individual convicted in a Missouri circuit court."

Yes. The statute applies to juveniles found in an adjudicatory hearing to have committed a sex or violent offense.

No. The statute applies to "a person who is convicted"

No. The statute applies to "a defendant who is convicted"

Yes. The statutes apply to juveniles found delinquent of a sexual offense

Yes. The statute applies to juveniles adjudicated delinquent

No. The statute applies to juveniles convicted as adults pursuant to the youthful offender or serious youthful offender proceedings under the Children's Code

No. The statute applies to "a person convicted"

No. The statute applies to "a person who is convicted"

No. The statute applies to "any person convicted"

Yes. The statute applies to a juvenile adjudicated a delinquent child

No. The statute applies to "individuals convicted"

Yes. The statute applies to "youth offenders" found to be within the jurisdiction of the juvenile court

Yes. The statute applies to juveniles adjudicated delinquent

No. The statute applies only to "adult persons convicted"

Yes. The statute applies to juveniles adjudicated delinquent

Yes. The statute applies to juveniles adjudicated as delinquent children

Yes. The statute applies to juveniles adjudicated as having engaged in delinquent conduct

Yes. The statute applies to juveniles, 14 yrs. or older,
adjudicated to be within the
jurisdiction of the juvenile
court.

No. The statute applies to "every person convicted"

Yes. The statute applies to juveniles convicted or adjudicated delinquent of a qualifying offense, who were 14 yrs. or older when the offense was committed.

Yes. The statute applies to juveniles convicted or adjudicated guilty

No. The statute applies to "any person convicted"

Yes. The statute applies to juveniles adjudicated delinquent

No. The statute applies to "every person convicted"

Are the Qualifying Offenses the Same for Adults and Juveniles?