§ 22-24b-19

22-24B-19. Criteria for removal--Tier I offender.To be eligible for removal from the registry as a Tier I offender, the petitioner must show, by clear and convincing evidence, that all of the following criteria have been met:(1)At least five 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;(d)Felony use or dissemination of any image or recording without consent under §22-21-4; or(e)An out-of-state, federal or court martial offense that is comparable to the elements of the crimes listed in subsections (2)(a), (2)(b), (2)(c), or

e or recording without consent under §22-21-4; or(e)An out-of-state, federal or court martial offense that is comparable to the elements of the crimes listed in subsections (2)(a), (2)(b), (2)(c), or (2)(d);(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 petitioner 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 the 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; SL 2020, ch 87, §3; SL 2024, ch 88, §1.