22-24B-19 Criteria for removal from registry as Tier I offender.
Criteria for removal from registry as Tier I offender.
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:
At least five years have elapsed since the date the petitioner first registered pursuant to
The crime requiring registration was for:
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;
A juvenile adjudication for a sex crime as defined in subdivision 22-24B-1(1);
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
An out-of-state, federal or court martial offense that is comparable to the elements
of the crimes listed in (a), (b), or (c);
The circumstances surrounding the crime requiring registration did not involve a child
under the age of thirteen;
The petitioner is not a recidivist sex offender;
The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B; and
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 five-year calculation, regardless of whether such incarceration or confinement was for the sex offense
requiring registration or for some other offense.
Source: SL 2005, ch 120, § 422; SL 2010, ch 119, § 1; SL 2016, ch 127, § 1.