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When Can Sex Offender Registration Requirement be Removed?

Sex offender registration orders can be either "mandatory" or "discretionary" under Arizona law. Virtually all mandatory registration sex offenses require permanent registration. In very limited circumstances however, mandatory registration requirements can be withdrawn. When registration is discretionary, i.e., the judge had the choice of whether or not to impose a registration requirement, then the court may remove the registration requirement by request at any time.

Offenses for which sex offender registration is mandatory are set forth by list in Arizona Revise Statutes § 13 – 3821. Those offenses include the following:

Unlawful imprisonment of a minor
Kidnapping of a minor
Sexual abuse of a minor
Sexual conduct with a minor
Molestation of a child
Continuous sexual abuse of a child
Taking a child for the purpose of prostitution
Child prostitution
Commercial sexual exploitation of a minor

Sexual exploitation of a minor
Luring a minor for sexual exploitation
Sex trafficking of a minor
A second violation of indecent exposure to a child under 15

A second violation of public sexual indecency to a child under 15
A third violation of indecent exposure to any party
A third violation of public sexual indecency to any party
Aggravated luring a minor for sexual exploitation

Discretionary registration offenses include any other offense listed in Chapter 14 of the Arizona Criminal Code or any offense where there is a finding that the offense was motivated by sexual interest. Examples of other chapter 14 offenses that provide for discretionary sex offender registration under Arizona law include sexual abuse of an adult, indecent exposure, and public sexual indecency.

When an offense requires mandatory registration, there are only three limited circumstances in which the registration requirement can be removed. First, the registration requirement may be removed if the offender was under 18 at the time of the offense. Second, if the registration offense was unlawful imprisonment only, the registration requirement can be removed after the passage of a certain period of time. Third, if the offense was kidnapping only, the registration requirement may be removed after a certain period of time.

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