§ 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 Subsection (3) 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 at a 10-year after entrance into the community period described in Subsection (2) if:
(1)(a) 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 (2), as evidenced by a certificate of eligibility issued by the bureau;
(1)(b) the offender successfully completed all treatment ordered by the court or the Board of Pardons and Parole relating to the offense; and
(1)(c) 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 Subsection (1) may petition the court under Section 53-29-207 for 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:
(2)(a) the day on which the offender was placed on probation;
(2)(b) the day on which the offender was released from incarceration to parole;
(2)(c) the day on which the offender's sentence was terminated without parole;
(2)(d) the day on which the offender entered a community-based residential program; or
(2)(e) for a minor, as defined in Section 80-1-102, the day on which the division's custody of the offender was terminated.
(3) The offenses that qualify for a 10-year petition for an order of removal from the registry referenced in Subsection (1) are:
(3)(a) a felony violation of enticing a minor under Section 76-5-417, if the offender enticed the minor to engage in sexual activity that is one of the offenses described in Subsections (3)(b) through (v);
(3)(b) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
(3)(c) child torture under Section 76-5-109.4;
(3)(d) human trafficking for labor under Section 76-5-308;
(3)(e) human smuggling under Section 76-5-308.3;
(3)(f) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a);
(3)(g) aggravated human trafficking for labor under Section 76-5-310;
(3)(h) aggravated human smuggling under Section 76-5-310.1;
(3)(i) human trafficking of a vulnerable adult for labor under Section 76-5-311;
(3)(j) 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 more than 10 years older than the victim;
(3)(k) sexual abuse of a minor under Section 76-5-401.1, if, at the time of the offense, the offender is more than 10 years older than the victim;
(3)(l) 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 more than 15 years older than the victim;
(3)(m) forcible sexual abuse under Section 76-5-404;
(3)(n) custodial sexual relations under Section 76-5-412, if the victim in custody is younger than 18 years old and the offense is committed on or after May 10, 2011;
(3)(o) sexual exploitation of a vulnerable adult under Section 76-5b-202;
(3)(p) sexual extortion under Subsection 76-5b-204(2)(a);
(3)(q) incest under Section 76-7-102;
(3)(r) four or more convictions of lewdness under Section 76-5-419;
(3)(s) four or more convictions of sexual battery under Section 76-5-418;
(3)(t) any combination of convictions of lewdness under Section 76-5-419, and of sexual battery under Section 76-5-418, that total four or more convictions;
(3)(u) lewdness involving a child under Section 76-5-420;
(3)(v) a felony violation of:
(3)(v)(i) recorded or photographed voyeurism under Section 76-12-307; or
(3)(v)(ii) distribution of images obtained through voyeurism under Section 76-12-308;
(3)(w) aggravated exploitation of prostitution under Section 76-5d-208, committed on or before May 9, 2011;
(3)(x) attempting, soliciting, or conspiring to commit an offense listed in Subsections (3)(a) through (v) if the attempt, solicitation, or conspiracy is a registrable offense;
(3)(y) attempting, soliciting, or conspiring to commit:
(3)(y)(i) human trafficking for sexual exploitation under Section 76-5-308.1;
(3)(y)(ii) human trafficking of a child for sexual exploitation under Subsection 76-5-308.5(4)(b);
(3)(y)(iii) aggravated human trafficking for sexual exploitation under Section 76-5-310;
(3)(y)(iv) human trafficking of a vulnerable adult for sexual exploitation under Section 76-5-311;
(3)(y)(v) aggravated kidnapping under Section 76-5-302, except if the offender is a natural parent of the victim;
(3)(y)(vi) forcible sodomy under Section 76-5-403;
(3)(y)(vii) sexual abuse of a child under Section 76-5-404.1;
(3)(y)(viii) sexual exploitation of a minor under Section 76-5b-201;
(3)(y)(ix) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
(3)(y)(x) aggravated sexual extortion under Subsection 76-5b-204(2)(b); or
(3)(y)(xi) aggravated exploitation of prostitution under Section 76-5d-208, on or after May 10, 2011; or
(3)(z) an offense described in Subsection 53-29-203(1)(b) that would otherwise be subject to a 20-year petition for removal as described in Section 53-29-206, if:
(3)(z)(i) the sentencing court determines that the offender was under 21 years old at the time the offense was committed; and
(3)(z)(ii) 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 Section 53-29-202 based 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:
(4)(a) does not have a lifetime registration requirement on the external jurisdiction's sex, kidnap, or child abuse offender registry, or an equivalent registry;
(4)(b) meets the requirements described in Subsections (1)(a) through (c);
(4)(c) has resided in this state for at least 183 days in a year for two consecutive years;
(4)(d) intends to primarily reside in this state; and
(4)(e) 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.

Legislative History

Enacted by Chapter 291, 2025 General Session