Arizona Laws 13-3826. Petition to terminate sex offender registration; hearing; notice
A. A defendant who is ordered or required to register pursuant to section 13-3821 for an offense committed in violation of this title 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:
Terms Used In Arizona Laws 13-3826
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Minor: means a person under eighteen years of age. See Arizona Laws 1-215
- Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
1. The defendant is at least thirty-five years of age at the time of the filing of the petition and was under twenty-two years of age at the time the offense was committed.
2. The victim was at least fifteen years of age at the time of the offense, was a peace officer posing as a fifteen, sixteen or seventeen year old minor or was a fictitious minor purported to be fifteen, sixteen or seventeen years of age.
3. If the defendant is required to be registered because of a violation of section 13-1405, 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 for at least ten years after the date on which the person was sentenced for the offense for which the defendant was ordered or required to register.
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.
9. The defendant was not convicted of more than one offense involving more than one victim.
10. The defendant was not convicted of a violation or attempted violation of section 13-1406, 13-1410, 13-1417, 13-1423, 13-3206, 13-3212 or 13-3553.
B. On receipt of the petition, the court shall set a hearing and provide sufficient notice to the state to allow victim notification. The state has the burden of establishing by a preponderance of the evidence that a factor listed in subsection A of this section has not been met. At the hearing, any party may introduce any reliable and relevant evidence, including hearsay evidence. Before ruling on the petition, the court must provide all parties, including the victim, with the opportunity to be heard.
C. The court shall deny the petition if the court finds that any factor listed in subsection A of this section is not met.
D. Notwithstanding subsection C of this section, the court may deny a petition if the court finds that a denial is in the best interests of justice or tends to ensure the safety of the public.