To be eligible for removal from the registry as a Tier I offender, the petitioner shall show, by clear and convincing evidence, that all of the following criteria have been met: (1) At least ten years have elapsed since the date the petitioner first registered pursuant to this chapter; (2) The crime requiring registration was for: (a) Statutory rape under subdivision 22-22-1(5), or an attempt to commit statutory rape under subdivision 22-22-1(5), but only if the petitioner was twenty-one years of age or younger at the time the offense was committed or attempted; (b) A juvenile adjudication for a sex crime as defined in subdivision 22-24B-1(1); (c) Sexual contact under § 22-22-7 if the victim was between the ages of thirteen and sixteen and the petitioner was at least three years older than the victim, but only if the petitioner was twenty-one years of age or younger at the time the offense was committed; or (d) An out-of-state, federal or court martial offense that is comparable to the elements of the crimes listed in (a), (b), or (c); (3) The circumstances surrounding the crime requiring registration did not involve a child under the age of thirteen; (4) The petitioner is not a recidivist sex offender; (5) The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B; and (6) Petitioner demonstrates to the satisfaction of the court that he or she does not pose a risk or danger to the community. For purposes of this section, any period of time during which the petitioner was incarcerated or during which the petitioner was confined in a mental health facility does not count toward the ten-year calculation, regardless of whether such incarceration or confinement was for the sex offense requiring registration or for some other offense.
Email
Print
