§846E-9  Failure to comply with covered offender registration requirements.  (a)  A person commits the offense of failure to comply with covered offender registration requirements if the person is required to register under this chapter and the person intentionally, knowingly, or recklessly:

     (1)  Fails to register with the attorney general by providing to the attorney general or the Hawaii criminal justice data center the person's registration information;

     (2)  Fails to report in person to the chief of police where the covered offender's residence is located, for purposes of having a new photograph taken within five years after the previous photograph was taken;

     (3)  Fails to register in person with the chief of police having jurisdiction of the area where the covered offender resides or is present within three working days whenever the provisions of section 846E‑2(e) require the person to do so;

     (4)  Fails to notify the attorney general or the Hawaii criminal justice data center of a change of any of the covered offender's registration information in writing within three working days of the change;

     (5)  Provides false registration information to the attorney general, the Hawaii criminal justice data center, or a chief of police;

     (6)  Signs a statement verifying that all of the registration information is accurate and current when any of the registration information is not substantially accurate and current;

     (7)  Having failed to establish a new residence within the ten days while absent from the person's registered residence for ten or more days:

         (A)  Fails to notify the attorney general in writing within three working days that the person no longer resides at the person's registered residence; or

          (B)  Fails to report to a police station in the State by the last day of every month; or

     (8)  Fails to mail or deliver the periodic verification of registration information form to the attorney general within ten days of receipt, as required by section 846E‑5; provided that it shall be an affirmative defense that the periodic verification form mailed to the covered offender was delivered when the covered offender was absent from the registered address and the covered offender had previously notified the Hawaii criminal justice data center that the covered offender would be absent during the period that the periodic verification form was delivered.

     (b)  Any person required to register under this chapter who intentionally or knowingly violates subsection (a) shall be guilty of a class C felony.

     (c)  Any person required to register under this chapter who recklessly violates subsection (a) shall be guilty of a misdemeanor.

     (d)  For any second or subsequent offense, any person required to register under this chapter who intentionally, knowingly, or recklessly violates subsection (a) shall be guilty of a class C felony. [L 1997, c 316, pt of §2; am L 2004, c 59, §5; am L 2005, c 45, §10; am L 2006, c 106, §5]