(1) An offender who is required to register on the registry for a registrable offense described in Subsection (2) that is 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 after five years after the day on which the offender's sentence for the offense has been terminated if: (a) the offense is the only offense for which the offender was required to register; (b) the offender has not been convicted of another offense, excluding a traffic offense, after the day on which the offender was convicted of the offense for which the offender is required to register, as evidenced by a certificate of eligibility issued by the bureau; (c) the offender successfully completed all treatment ordered by the court or the Board of Pardons and Parole relating to the offense; and (d) the offender has paid all restitution ordered by the court or the Board of Pardons and Parole relating to the offense. (2) The offenses that qualify for a five-year petition for an order of removal from the registry referenced in Subsection (1) are: (a) a class A misdemeanor violation of enticing a minor under Section 76-5-417; (b) kidnapping under Subsection 76-5-301(2)(c) or (d); (c) 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 not more than 10 years older than the victim; (d) sexual abuse of a minor under Section 76-5-401.1, if, at the time of the offense, the offender is not more than 10 years older than the victim; (e) 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 not more than 15 years older than the victim; (f) a class A misdemeanor violation of: (i) voyeurism under Section 76-12-306; (ii) recorded or photographed voyeurism under Section 76-12-307; or (iii) distribution of images obtained through voyeurism under Section 76-12-308; (g) attempting, soliciting, or conspiring to commit an offense listed in Subsections (2)(a) through (f) if the attempt, solicitation, or conspiracy is a registrable offense; and (h) an offense committed in an external jurisdiction that is not substantially equivalent to a registrable offense described in Subsection 53-29-202(1)(a).
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