53-29-205. Ten-year petition for removal from registry -- Eligibility.
(1) An offender who is required to register on the registry for a registrable offense described in Subsectionsubject to a 10-year registration period as described in Sectionis eligible to petition the court under Sectionfor an order of removal from the registry at a 10-year after entrance into the community period described in Subsectionif: (3) 53-29-203 53-29-207 (2) the offender has not been convicted of another offense that is a class A misdemeanor, felony, or capital felony within the most recent 10-year period after the date described in Subsection, as evidenced by a certificate of eligibility issued by the bureau; (2) the offender successfully completed all treatment ordered by the court or the Board of Pardons and Parole relating to the offense; and the offender has paid all restitution ordered by the court or the Board of Pardons and Parole relating to the offense.
(2) An offender who qualifies under Subsectionmay petition the court under Sectionfor an order of removal from the registry if 10 years have passed after the later of the following events in which the offender entered into the community: (1) 53-29-207 the day on which the offender was placed on probation; the day on which the offender was released from incarceration to parole; the day on which the offender's sentence was terminated without parole; the day on which the offender entered a community-based residential program; or for a minor, as defined in Section, the day on which the division's custody of the offender was terminated. 80-1-102
(3) The offenses that qualify for a 10-year petition for an order of removal from the registry referenced in Subsectionare: (1) a felony violation of enticing a minor under Section, if the offender enticed the minor to engage in sexual activity that is one of the offenses described in Subsectionsthrough (v); 76-5-417 (3)(b) aggravated child abuse under Subsectionor (b); 76-5-109.2(3)(a) child torture under Section; 76-5-109.4 human trafficking for labor under Section; 76-5-308 human trafficking of a child for labor under Section; 76-5-308.5 aggravated human trafficking for labor under Section; 76-5-310 human trafficking of a vulnerable adult for labor under Section; 76-5-311 human smuggling under Section; 76-5-316 aggravated human smuggling under Section; 76-5-317 a felony violation of unlawful sexual activity with a minor under Section, if, at the time of the offense, the offender is more than 10 years older than the victim; 76-5-401 sexual abuse of a minor under Section, if, at the time of the offense, the offender is more than 10 years older than the victim; 76-5-401.1 unlawful sexual conduct with a 16 or 17 year old under Section, if, at the time of the offense, the offender is more than 15 years older than the victim; 76-5-401.2 forcible sexual abuse under Section; 76-5-404 custodial sexual relations under Section, if the victim in custody is younger than 18 years old and the offense is committed on or after May 10, 2011; 76-5-412 sexual exploitation of a vulnerable adult under Section; 76-5b-202 sexual extortion under Section; 76-5b-204 incest under Section; 76-7-102 four or more convictions of lewdness under Section; 76-5-419 four or more convictions of sexual battery under Section; 76-5-418 any combination of convictions of lewdness under Section, and of sexual battery under Section, that total four or more convictions; 76-5-419 76-5-418 lewdness involving a child under Section; 76-5-420 a felony violation of: recorded or photographed voyeurism under Section; or 76-12-307 distribution of images obtained through voyeurism under Section; 76-12-308 aggravated exploitation of prostitution under Section, committed on or before May 9, 2011; 76-5d-208 attempting, soliciting, or conspiring to commit an offense listed in Subsectionsthroughif the attempt, solicitation, or conspiracy is a registrable offense; (3)(a) (v) attempting, soliciting, or conspiring to commit: human trafficking for commercial sexual exploitation under Section; 76-5-308.1 human trafficking of a child for commercial sexual exploitation under Section; 76-5-308.6 aggravated human trafficking for commercial sexual exploitation under Section; 76-5-310.2 human trafficking of a vulnerable adult for commercial sexual exploitation under Section; 76-5-312 aggravated kidnapping under Section, except if the offender is a parent of the victim; 76-5-302 forcible sodomy under Section; 76-5-403 sexual abuse of a child under Section; 76-5-404.1 sexual exploitation of a minor under Section; 76-5b-201 aggravated sexual exploitation of a minor under Section; 76-5b-201.1 aggravated sexual extortion under Section; 76-5b-204.1 possession of apparent child sexual abuse material under Section; 76-5b-207 distribution of apparent child sexual abuse material under Section; 76-5b-208 unlawful activity regarding obscene material depicting the sexual abuse of a minor under Section; or 76-5b-209 aggravated exploitation of prostitution under Section, on or after May 10, 2011; or 76-5d-208 an offense described in Subsectionthat would otherwise be subject to a 20-year petition for removal as described in Section, if: 53-29-203(1)(b) 53-29-206 the sentencing court determines that the offender was under 21 years old at the time the offense was committed; and the offense did not involve force or coercion as described in Subsection. 53-29-203(3)
(4) An individual who is as an offender under Sectionbased on a conviction in an external jurisdiction for a registrable offense, or a substantially equivalent offense, and is required to register on the external jurisdiction's sex, kidnap, or child abuse offender registry, or an equivalent registry, may petition for removal from the registry in accordance with the requirements of this section if the individual: 53-29-202 does not have a lifetime registration requirement on the external jurisdiction's sex, kidnap, or child abuse offender registry, or an equivalent registry; meets the requirements described in Subsectionsthrough (c); (1)(a) has resided in this state for at least 183 days in a year for two consecutive years; intends to primarily reside in this state; and has received an order from a court in the external jurisdiction where the offender was initially required to register on a sex, kidnap, and child abuse registry, or an equivalent registry, that authorizes the offender to be removed from the Sex, Kidnap, and Child Abuse Offender Registry.