53-29-204. Five-year petition for removal from registry -- Eligibility.
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Effective 5/7/2025
53-29-204. Five-year petition for removal from registry -- Eligibility.
(1)An offender who is required to register on the registry for a registrable offense described in Subsection
(2)that is subject to a 10-year registration period, as described in Section 53-29-203 , is eligible to petition the court under Section 53-29-207 for an order of removal from the registry after five years after the day on which the offender's sentence for the offense has been terminated if:
(a)the offense is the only offense for which the offender was required to register;
(b)the offender has not been convicted of another offense, excluding a traffic offense, after the day on which the offender was convicted of the offense for which the offender is required to register, as evidenced by a certificate of eligibility issued by the bureau;
(c)the offender successfully completed all treatment ordered by the court or the Board of Pardons and Parole relating to the offense; and
(d)the offender has paid all restitution ordered by the court or the Board of Pardons and Parole relating to the offense.
(2)The offenses that qualify for a five-year petition for an order of removal from the registry referenced in Subsection
(1)are:
(a)a class A misdemeanor violation of enticing a minor under Section 76-5-417 ;
(b)kidnapping under Subsection 76-5-301(2)(c) or
(d);
(c)a felony violation of unlawful sexual activity with a minor under Section 76-5-401 , if, at the time of the offense, the offender is not more than 10 years older than the victim;
(d)sexual abuse of a minor under Section 76-5-401.1 , if, at the time of the offense, the offender is not more than 10 years older than the victim;
(e)unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2 , if at the time of the offense, the offender is not more than 15 years older than the victim;
(f)a class A misdemeanor violation of:
(i)voyeurism under Section 76-12-306 ;
(ii)recorded or photographed voyeurism under Section 76-12-307 ; or
(iii)distribution of images obtained through voyeurism under Section 76-12-308 ;
(g)attempting, soliciting, or conspiring to commit an offense listed in Subsections (2)(a) through
(f)if the attempt, solicitation, or conspiracy is a registrable offense; and
(h)an offense committed in an external jurisdiction that is not substantially equivalent to a registrable offense described in Subsection 53-29-202(1)(a) .
Enacted by Chapter 291 , 2025 General Session