Petition for relief from duty to register; grounds; minimum period of continuing registration based on three-tier classification of offenses; certain offenders subject to lifetime registration; certain offenders subject to electronic monitoring.

Miss. Code Ann. § 45-33-47
in effect
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A sex offender with a duty to register under Section 45-33-25 shall only be relieved of the duty under subsection (2) of this section. A person required to register for a registrable sex offense under Section 45-33-25 may petition the circuit court of the sentencing jurisdiction, or for a person whose duty to register arose in another jurisdiction, the county in which the registrant resides, to be relieved of that duty under the following conditions: The offender has maintained his registration in Mississippi for the required minimum registration from the most recent date of occurrence of at least one (1) of the following: release from prison, placement on parole, supervised release or probation or as determined by the offender’s tier classification. Incarceration for any offense will restart the minimum registration requirement. Registration in any other jurisdiction does not reduce the minimum time requirement for maintaining registration in Mississippi. Tier One.— 1. Section 97-5-27(1) relatingto dissemination of sexually oriented material to children; 2. Section 97-29-61(2) relatingto voyeurism when the victim is a child under sixteen (16) years ofage; 3. Section 97-29-3 relatingto misdemeanor sexual intercourse between teacher and student; 4. Section 97-29-45(1)(a) relatingto obscene electronic communication; 5. Any convictionof conspiracy to commit, accessory to commission, or attempt tocommit any offense listed in this tier; 6. Any convictionfor violation of a similar law of another jurisdiction of any offenselisted in this tier; 7. Any offense resultingin a conviction in another jurisdiction for which registration isrequired in the jurisdiction where the conviction was had, althoughregistration would not be otherwise required in this state. Tier One requiresregistration for a minimum of fifteen (15) years in this state andincludes any of the following listed registrable sex offenses: Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to registeruponfifteen (15) years’ satisfaction of the requirementsof thissection for the convictions classified as Tier One offenses. Tier Two.— 1. Section 97-5-33(3) through(9) relating to the exploitation of children; 2. Section 97-29-59 relatingto unnatural intercourse; 3. Section 97-29-63, relatingto filming another without permission where there is an expectationof privacy; 4. Section 97-3-104 relatingto crime of sexual activity between law enforcement or correctionalpersonnel and prisoners; 5. Section 43-47-18(2)(a) and(b) relating to gratification of lust or fondling by health care employeesor persons in position of trust or authority; 6. Any convictionof conspiracy to commit, accessory to commission, or attempt to commitany offense listed in this tier; 7. Any convictionfor violation of a similar law of another jurisdiction of any offenselisted in this tier; or 8. Any convictionof a Tier One offense if it is the offender’s second or subsequentconviction of a registrable sex offense; Tier Tworequires registration for a minimum of twenty-five (25) years in thisstate and includes any of the following listed registrable sex offenses: Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon twenty-five (25) years’ satisfaction of the requirements of this section for the convictions classified as Tier Two offenses. Tier Three.— Tier Three requires lifetime registration, the registrant not being eligible to be relieved of the duty to register except as otherwise provided in this section, and includes any of the following listed registrable sex offenses: Section 97-3-65 relating to rape; Section 97-3-71 relating to rape and assault with intent to ravish; Section 97-3-95 relating to sexual battery; Subsection (1) or (2) of Section 97-5-33 relating to the exploitation of children; Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage; Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner; Section 97-3-53 relating to kidnapping if the victim is under the age of eighteen (18); Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor; Section 97-3-54.3 relating to aiding, abetting or conspiring to violate antihuman trafficking provisions; Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes; Section 43-47-18 relating to sexual abuse of a vulnerable person by health care employees or persons in a position of trust or authority; Section 97-5-39(1)(c) relating to contributing to the neglect or delinquency of a child, felonious abuse and/or battery of a child, if the victim was sexually abused; Capital murder when one (1) of the above described offenses is the underlying crime; Any conviction for violation of a similar law of another jurisdiction or designation as a sexual predator in another jurisdiction; Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier; or Any conviction of a Tier Two offense if it is the offender’s second or subsequent conviction of a registrable sex offense. An offender who has two (2) separate convictions for any of the registrable offenses described in Section 45-33-23 is subject to lifetime registration and shall not be eligible to petition to be relieved of the duty to register if at least one (1) of the convictions was entered on or after July 1, 1995. An offender, twenty-one (21) years of age or older, who is convicted of any sex offense where the victim was fourteen (14) years of age or younger shall be subject to lifetime registration and shall not be relieved of the duty to register. A first-time offender fourteen (14) years of age or older adjudicated delinquent in a youth court for a registrable offense of rape pursuant to Section 96-3-65 or a registrable offense of sexual battery pursuant to Section 97-3-95 is subject to lifetime registration, but shall be eligible to petition to be relieved of the duty to register after twenty-five (25) years of registration. Registration following arrest or arraignment for failure to register is not a defense and does not relieve the sex offender of criminal liability for failure to register. The department shall continue to list in the registry the name and registration information of all registrants who no longer work, reside or attend school in this state even after the registrant moves to another jurisdiction and registers in the new jurisdiction as required by law. The registry shall note that the registrant moved out of state. In determining whether to release an offender from the obligation to register, the court shall consider the nature of the registrable offense committed and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction. The court may relieve the offender of the duty to register only if the petitioner shows, by clear and convincing evidence, that the registrant properly maintained his registration as required by law and that future registration of the petitioner will not serve the purposes of this chapter and the court is otherwise satisfied that the petitioner is not a current or potential threat to public safety. The district attorney in the circuit in which the petition is filed must be given notice of the petition at least three (3) weeks before the hearing on the matter. The district attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the petitioner may not again petition the court for relief until one (1) year has elapsed unless the court orders otherwise in its order of denial of relief. The offender will be required to continue registration for any sex offense conviction unless the conviction is set aside in any post-conviction proceeding, the offender receives a pardon, the charge is dismissed or the offender has received a court order pursuant to this section relieving him of the duty to register. Upon submission of the appropriate documentation to the department of one (1) of these occurrences, registration duties will be discontinued. A person required to register as a sex offender who is convicted under Section 45-33-33 of providing false registration information or of failure to register, reregister, update registration, or comply with electronic monitoring shall be subject to electronic monitoring at the expense of the offender under the program provided in Section 45-33-45. Termination of the duty to register also terminates the duty to be monitored.

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