(1) The duty to register under RCW 9A.44.130 shall end:
(a) For a person convicted of a class A felony or an offense
listed in subsection (5) of this section, or a person convicted
of any sex offense or kidnapping offense who has one or more
prior convictions for a sex offense or kidnapping offense: Such
person may only be relieved of the duty to register under
subsection (3) or (4) of this section.
(b) For a person convicted of a class B felony, and the
person does not have one or more prior convictions for a sex
offense or kidnapping offense and the person's current offense is
not listed in subsection (5) of this section: Fifteen years
after the last date of release from confinement, if any,
(including full-time residential treatment) pursuant to the
conviction, or entry of the judgment and sentence, if the person
has spent fifteen consecutive years in the community without
being convicted of any new offenses.
(c) For a person convicted of a class C felony, a violation
of RCW 9.68A.090 or 9A.44.096, or an attempt, solicitation, or
conspiracy to commit a class C felony, and the person does not
have one or more prior convictions for a sex offense or
kidnapping offense and the person's current offense is not listed
in subsection (5) of this section: Ten years after the last date
of release from confinement, if any, (including full-time
residential treatment) pursuant to the conviction, or entry of
the judgment and sentence, if the person has spent ten
consecutive years in the community without being convicted of any
new offenses.
(2) The provisions of subsection (1) of this section shall
apply equally to a person who has been found not guilty by reason
of insanity under chapter 10.77 RCW of a sex offense or
kidnapping offense.
(3)(a) Except as provided in (b) of this subsection, any
person having a duty to register under RCW 9A.44.130 may petition
the superior court to be relieved of that duty, if the person has
spent ten consecutive years in the community without being
convicted of any new offenses. The petition shall be made to the
court in which the petitioner was convicted of the offense that
subjects him or her to the duty to register, or, in the case of
convictions in other states, a foreign country, or a federal or
military court, to the court in Thurston county. The prosecuting
attorney of the county shall be named and served as the
respondent in any such petition. 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, and may consider other factors. Except as
provided in subsection (4) of this section, the court may relieve
the petitioner of the duty to register only if the petitioner
shows, with clear and convincing evidence, that future
registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.
(b)(i) The court may not relieve a person of the duty to
register if the person has been determined to be a sexually
violent predator as defined in RCW 71.09.020, or has been
convicted of a sex offense or kidnapping offense that is a class
A felony and that was committed with forcible compulsion on or
after June 8, 2000.
(ii) The court may not relieve a person of the duty to
register if the person has been convicted of one aggravated
offense or more than one sexually violent offense, as defined in
subsection (5) of this section, and the offense or offenses were
committed on or after March 12, 2002.
(c) Any person subject to (b) of this subsection or
subsection (5) of this section may petition the court to be
exempted from any community notification requirements that the
person may be subject to fifteen years after the later of the
entry of the judgment and sentence or the last date of release
from confinement, including full-time residential treatment,
pursuant to the conviction, if the person has spent the time in
the community without being convicted of any new offense.
(4) An offender having a duty to register under RCW 9A.44.130 for a sex offense or kidnapping offense committed when
the offender was a juvenile may petition the superior court to be
relieved of that duty. 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
adjudication, and may consider other factors.
(a) The court may relieve the petitioner of the duty to
register for a sex offense or kidnapping offense that was
committed while the petitioner was fifteen years of age or older
only if the petitioner shows, with clear and convincing evidence,
that future registration of the petitioner will not serve the
purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187,
70.48.470, and 72.09.330.
(b) The court may relieve the petitioner of the duty to
register for a sex offense or kidnapping offense that was
committed while the petitioner was under the age of fifteen if
the petitioner (i) has not been adjudicated of any additional sex
offenses or kidnapping offenses during the twenty-four months
following the adjudication for the offense giving rise to the
duty to register, and (ii) proves by a preponderance of the
evidence that future registration of the petitioner will not
serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540,
46.20.187, 70.48.470, and 72.09.330.
This subsection shall not apply to juveniles prosecuted as
adults.
(5)(a) A person who has been convicted of an aggravated
offense, or has been convicted of one or more prior sexually
violent offenses or criminal offenses against a victim who is a
minor, as defined in (b) of this subsection may only be relieved
of the duty to register under subsection (3)(b) of this section. This provision shall apply to convictions for crimes committed on
or after July 22, 2001.
(b) Unless the context clearly requires otherwise, the
following definitions apply only to the federal lifetime
registration requirements under this subsection:
(i) "Aggravated offense" means an adult conviction that
meets the definition of 18 U.S.C. Sec. 2241, which is limited to
the following:
(A) Any sex offense involving sexual intercourse or sexual
contact where the victim is under twelve years of age;
(B) RCW 9A.44.040 (rape in the first degree), RCW 9A.44.073
(rape of a child in the first degree), or RCW 9A.44.083 (child
molestation in the first degree);
(C) Any of the following offenses when committed by forcible
compulsion or by the offender administering, by threat or force
or without the knowledge or permission of that person, a drug,
intoxicant, or other similar substance that substantially impairs
the ability of that person to appraise or control conduct: RCW 9A.44.050 (rape in the second degree), RCW 9A.44.100 (indecent
liberties), RCW 9A.44.160 (custodial sexual misconduct in the
first degree), RCW 9A.64.020 (incest), or RCW 9.68A.040 (sexual
exploitation of a minor);
(D) Any of the following offenses when committed by forcible
compulsion or by the offender administering, by threat or force
or without the knowledge or permission of that person, a drug,
intoxicant, or other similar substance that substantially impairs
the ability of that person to appraise or control conduct, if the
victim is twelve years of age or over but under sixteen years of
age and the offender is eighteen years of age or over and is more
than forty-eight months older than the victim: RCW 9A.44.076
(rape of a child in the second degree), RCW 9A.44.079 (rape of a
child in the third degree), RCW 9A.44.086 (child molestation in
the second degree), or RCW 9A.44.089 (child molestation in the
third degree);
(E) A felony with a finding of sexual motivation under RCW 9.94A.835 where the victim is under twelve years of age or that
is committed by forcible compulsion or by the offender
administering, by threat or force or without the knowledge or
permission of that person, a drug, intoxicant, or other similar
substance that substantially impairs the ability of that person
to appraise or control conduct;
(F) An offense that is, under chapter 9A.28 RCW, an attempt
or solicitation to commit such an offense; or
(G) An offense defined by federal law or the laws of another
state that is equivalent to the offenses listed in (b)(i)(A)
through (F) of this subsection.
(ii) "Sexually violent offense" means an adult conviction
that meets the definition of 42 U.S.C. Sec. 14071(a)(1)(A), which
is limited to the following:
(A) An aggravated offense;
(B) An offense that is not an aggravated offense but meets
the definition of 18 U.S.C. Sec. 2242, which is limited to RCW 9A.44.050(1) (b) through (f) (rape in the second degree) and RCW 9A.44.100(1) (b) through (f) (indecent liberties);
(C) A felony with a finding of sexual motivation under RCW 9.94A.835 where the victim is incapable of appraising the nature
of the conduct or physically incapable of declining participation
in, or communicating unwillingness to engage in, the conduct;
(D) An offense that is, under chapter 9A.28 RCW, an attempt
or solicitation to commit such an offense; or
(E) An offense defined by federal law or the laws of another
state that is equivalent to the offenses listed in (b)(ii)(A)
through (D) of this subsection.
(iii) "Criminal offense against a victim who is a minor"
means, in addition to any aggravated offense or sexually violent
offense where the victim was under eighteen years of age, an
adult conviction for the following offenses where the victim is
under eighteen years of age:
(A) RCW 9A.44.060 (rape in the third degree), RCW 9A.44.076
(rape of a child in the second degree), RCW 9A.44.079 (rape of a
child in the third degree), RCW 9A.44.086 (child molestation in
the second degree), RCW 9A.44.089 (child molestation in the third
degree), RCW 9A.44.093 (sexual misconduct with a minor in the
first degree), RCW 9A.44.096 (sexual misconduct with a minor in
the second degree), RCW 9A.44.160 (custodial sexual misconduct in
the first degree), RCW 9A.64.020 (incest), RCW 9.68A.040 (sexual
exploitation of a minor), RCW 9.68A.090 (communication with a
minor for immoral purposes), or *RCW 9.68A.100 (patronizing a
juvenile prostitute);
(B) RCW 9A.40.020 (kidnapping in the first degree), RCW 9A.40.030 (kidnapping in the second degree), or RCW 9A.40.040
(unlawful imprisonment), where the victim is a minor and the
offender is not the minor's parent;
(C) A felony with a finding of sexual motivation under RCW 9.94A.835 where the victim is a minor;
(D) An offense that is, under chapter 9A.28 RCW, an attempt
or solicitation to commit such an offense; or
(E) An offense defined by federal law or the laws of another
state that is equivalent to the offenses listed in (b)(iii)(A)
through (D) of this subsection.
(6) Unless relieved of the duty to register pursuant to this
section, a violation of RCW 9A.44.130 is an ongoing offense for
purposes of the statute of limitations under RCW 9A.04.080.
(7) Nothing in RCW 9.94A.637 relating to discharge of an
offender shall be construed as operating to relieve the offender
of his or her duty to register pursuant to RCW 9A.44.130.
(8) For purposes of determining whether a person has been
convicted of more than one sex offense, failure to register as a
sex offender or kidnapping offender is not a sex or kidnapping
offense.
[2002 c 25 § 1; 2001 c 170 § 2; 2000 c 91 § 3; 1998 c 220 § 3; 1997 c 113 § 4; 1996 c 275 § 12. Prior: 1995 c 268 § 4; 1995 c 248 § 2; 1995 c 195 § 2; 1991 c 274 § 3; 1990 c 3 § 408.]
NOTES:
*Reviser's note: RCW 9.68A.100 was amended by 2007 c 368 § 2, changing the term "patronizing a juvenile prostitute" to "commercial sexual abuse of a minor."
Expiration of subsection: "RCW 9A.44.140(3)(b)(ii) expires July 1, 2012." [2002 c 25 § 2.]
Effective date -- 2002 c 25: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 12, 2002]." [2002 c 25 § 3.]
Intent -- 2001 c 170: "The legislature intends to amend the lifetime sex offender registration requirement so that it is narrowly tailored to meet the requirements of the Jacob Wetterling act." [2001 c 170 § 1.]
Severability -- 1998 c 220: See note following RCW 9A.44.130.
Findings -- 1997 c 113: See note following RCW 4.24.550.
Finding -- 1996 c 275: See note following RCW 9.94A.505.
Purpose -- 1995 c 268: See note following RCW 9.94A.030.
Finding and intent -- 1991 c 274: See note following RCW 9A.44.130.
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.