Close X

Terminating Sex Offender Registration

Posted by Raymond Kimble | May 30, 2017 | 0 Comments

Aside from imposing very harsh punitive measure upon people who have been convicted of sex offenses, Arizona Law also imposes very long lasting effects after a sex offenders term of probation or imprisonment is completed.  Specifically, A.R.S. 13-3821 requires that any person convicted of:

1. Unlawful imprisonment pursuant to section 13-1303 if the victim is under eighteen years of age and the unlawful imprisonment was not committed by the child's parent.

2. Kidnapping pursuant to section 13-1304 if the victim is under eighteen years of age and the kidnapping was not committed by the child's parent.

3. Sexual abuse pursuant to section 13-1404 if the victim is under eighteen years of age.

4. Sexual conduct with a minor pursuant to section 13-1405.

5. Sexual assault pursuant to section 13-1406.

6. Sexual assault of a spouse if the offense was committed before August 12, 2005.

7. Molestation of a child pursuant to section 13-1410.

8. Continuous sexual abuse of a child pursuant to section 13-1417.

9. Taking a child for the purpose of prostitution pursuant to section 13-3206.

10. Child prostitution pursuant to section 13-3212, subsection A or subsection B, paragraph 1 or 2.

11. Commercial sexual exploitation of a minor pursuant to section 13-3552.

12. Sexual exploitation of a minor pursuant to section 13-3553.

13. Luring a minor for sexual exploitation pursuant to section 13-3554.

14. Sex trafficking of a minor pursuant to section 13-1307.

15. A second or subsequent violation of indecent exposure to a person under fifteen years of age pursuant to section 13-1402.

16. A second or subsequent violation of public sexual indecency to a minor under the age of fifteen years pursuant to section 13-1403, subsection B.

17. A third or subsequent violation of indecent exposure pursuant to section 13-1402.

18. A third or subsequent violation of public sexual indecency pursuant to section 13-1403.

19. A violation of section 13-3822 or 13-3824.

20. Unlawful age misrepresentation.

21. Aggravated luring a minor for sexual exploitation pursuant to section 13-3560.

register with the sheriff in the county that they reside. 

The Registration Requirements

If an individual is required to register as a sex offender, they must:

1. Register their address with the county sheriff within seventy two hours of being released from custody;

2. Register their new address within seventy two hours of moving;

3. Register a new address within seventy two hours of moving from one county to another

4. Update their drivers license every year with the division of motor vehicles

Terminating Sex Offender Registration 

For many people, the stigma associated with conviction for a sex offense is compounded by the community notification requirements imposed by our legislature.  Depending upon the classification level, sex offender registration may result in your picture and personal information being placed on a law enforcement website, fliers containing a photograph, address and case information to neighbors, schools, community groups and prospective employers or finally, having your personal information shared by various law enforcement agencies.  

Given the difficulties caused by sex offender registration and subsequent community notification, many people inquire about terminating their requirement to register as a sex offender.  Fortunately, the State of Arizona does provide relief to certain people who would otherwise be required to register as a sex offender for the rest of their lives. These include:

1. People Who Have Adjudicated Delinquent of Sex Offenses in Juvenile Court:  

     Any duty to register  for a juvenile adjudication terminates when the person reaches twenty-five years of age.

2. Offenses Committed Before a Person's Eighteenth Birthday:

Often, people commit certain sexual offenses when they are under the age of 18 but are then prosecuted as adults and incur an adult criminal conviction.  In these scenarios, the court may order the termination of any duty to register under this section on successful completion of probation if the person was under eighteen years of age when the offense for which the person was convicted or adjudicated guilty except insane was committed.

3. The "Romeo and Juliet Law:"

  In some instances, a young adult may find themselves prosecuted for a sexual offense after engaging in consensual sexual activity with someone who is between fifteen and seventeen years old. Here, Arizona Law states:

A. A defendant who is convicted of a violation of section 13-1405, who is required to register pursuant to section 13-3821 and who successfully completes a term of probation may petition the court for an order to terminate any duty to register and shall serve a copy of the petition on the prosecutor. In the petition, the defendant shall avow, under penalty of perjury, all of the following:

1. The defendant was under twenty-two years of age at the time the offense was committed.

2. The victim was fifteen, sixteen or seventeen years of age at the time of the offense.

3. The sexual conduct was consensual.

4. The defendant did not violate any of the sex offender terms of the defendant's probation.

5. The defendant has not subsequently committed another felony offense or any offense included in chapter 14 or 35.1 of this title.

6. A court has not determined that probable cause exists to believe the defendant is a sexually violent person pursuant to title 36, chapter 37 or that a sexually violent person proceeding pursuant to title 36, chapter 37 is not currently pending.

7. The violation did not involve more than one victim.

8. The defendant was not sentenced to a term of imprisonment in the state department of corrections for the offense for which the defendant was required to register.

A petition to terminate sex offender registration must be filed with the court and a hearing must be held prior to the termination of any registration requirements. 

Undoubtedly, registering as a sex offender presents a lifetime of issues and difficulties for people who have already paid a significant penalty following conviction.  If you fall into one of the three categories mentioned above, please contact my office to discuss your legal rights and the possibility of terminating registration.  I can be reached directly at (480) 833-8613 during regular business hours, nights and weekends. 

Certainly, Sexual Offense cases are very complex and require representation from an attorney who regularly practices criminal defense in Arizona.  I have represented numerous people during the last fifteen years who have been arrested and charged with various sex crimes.   If you or someone you know has been charged with a sex offense in Phoenix, Mesa, Scottsdale, Chandler, Gilbert or Tempe, Arizona, call (480) 833-8613 for a free consultation.

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Law Office of Raymond Kimble

Kimble logo small red

For a Free Consultation please call (480) 833-8613 or complete the form in the sidebar. Mr. Kimble can be reached 24/7 and is available for appointments during the evening and on weekends as well.

About Raymond Kimble

Raymond A. Kimble is a former police officer and felony prosecutor who has twenty years experience defending people accused of DUI and other criminal offenses throughout Arizona. Mr. Kimble represents clients seeking experienced and aggressive representation to help them fight the charges they face. For more information, contact The Law Office of Raymond A. Kimble today.