It came to light after an incident at Brighton High School last month.
Police said Brian Lee managed to get inside the girls locker room at the school. The girls were getting ready for a performance, but someone spotted him inside the shower.
"I walked back there and pulled open the shower curtain,” said a student who was in the locker room and wishes to remain anonymous. “I asked what he was doing and he quickly stood up and he said 'shhh' and walked away and walked out.”
Lee was arrested in the school parking lot and was charged with voyeurism, lewdness and burglary.
Court records show he has a long history of sneaking into girls locker rooms. Since 1995, he's pleaded guilty to numerous charges, but Lee can’t be found on the sex offender registry.
And it doesn't matter how many times he does this. As long as lewdness and voyeurism remain a minor offense he avoids the registry.
"The idea that he didn't have to be on the sex offender list needs to be changed, needs to be addressed,” said Brighton High dance teacher Lisa Messer.
A Cottonwood Heights police officer said these type of offenders need to be on the police radar. "They need to be watched,” said Beau Babka. “This is a perfect example of somebody that needs eyes on him."
But Lee isn't the only one to escape the sex offender registry.
Donald Williard is accused of exposing himself several times, the latest at a school.
Joey Crapo is also a repeat offender of lewdness.
Tyler martin is back in jail again for exposing himself to boys.
Darren Swain works with Adult, Probation and Parole. He said these types of crimes are troubling for the public. "They can be extremely dangerous because they're acting out in public,” said Swain. “They're unchecked, untreated and every time they go out and commit these acts they're reinforcing these behaviors.”
And their behavior can escalate.
David Reed repeatedly exposed himself and avoided the registry until 2005 when he was convicted of trying to kidnap a child in Salt Lake City.
Prosecutors now realize this is a problem.
"This is almost habitual, it’s something that needs to be addressed seriously,” said Richard Parker a prosecutor with the Davis County attorney’s office.
And it lies with the legislature to make those changes.
A lawmaker who champions the cause didn't know these repeat offenders were skirting the law. "When we've done the registry in the past no one's brought it to our attention,” said Rep. Paul Ray of Davis County. “We take what's brought to our attention and we work on those issues and try to protect the public and until those issues are brought to us a lot of times they'll slip between the cracks.”
But now, victims like the girls at Brighton High are sending out a message to lawmakers -- fix those cracks.
"It's a sickening situation that there are people out there,” said the young girl from Brighton High. “They are getting away with this and I just think it needs to be stopped.”
Rep. Ray said he is considering legislation that will enhance penalties for repeat offenders. “One times is too many,” he said. “But realistically, if they offend twice we can bump up the penalties. They do it three times it becomes a felony. We do if for drug offenses, we should do it for lewdness.”
If you would like to contact lawmakers about this issue these are a list of lawmakers who have sponsored sex offender legislation in the past
-Rep. Ray Paul pray@utah.gov
-Rep. J. birdjbird@utah.gov
-Rep. Greenwoodrgreenwood@utah.gov
-Rep. K. Groverkeithgrover@utah.gov
-Rep. R. Bigelow ronbigelow@utah.gov
-Rep. K. Sumsion ksumsion@utah.gov
-Sen. Jon Greiner Jon J. Greiner
"25% of all sex offenders re-offend within 15 years"
.........Sarah Tofte
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