Sex Offender Registry Modification
Sex offender registry modification could make your life much less stressful.
If you're required to register as a sex offender in Iowa, you may find yourself struggling to find a place you're legally allowed to live. You may be precluded from picking your kids up from school or from dropping them off at the public library, even if your offense was decades ago and you've honestly reformed and become a safe person. You may face shame, stigma, and potential violence from your neighbors and from fellow Iowans who can easily look you up online.
Many reformed offenders want to know whether they're eligible for 692A.128 Modification.
Who is Required to Register?
Anyone convicted of a Tier I, Tier II, or Tier III offense in Iowa is required to register as a sex offender as long as they live, work, or go to school in Iowa. The same registration requirements apply to anyone who was convicted of an offense in another state that they would be required to register for in that other state.
How Long Do I Have to Be On The Registry?
You're required to register for 10 years or for life.
Can My Registry Requirements Be Modified?
While the text of the registry modification statute says that you can apply for modification if you're on probation, parole, work release, special sentence, or any other type of conditional release, the Iowa Supreme Court's current position is that you are also eligible to apply if you are no longer subject to corrections supervision and if you have satisfied the modification provision's prerequisites.
Your registry modification lawyer can file a registry modification application on your behalf if:
- You've been required to register for at least two years if you're a tier 1 offender or at least five years if you're a tier 2 or tier 3 offender.
- You've successfully completed all required sex offender treatment programs.
- You've completed a validated risk assessment and were classified as a low risk to reoffend.
- You aren't incarcerated.
- The director of the judicial district department of correctional services who is supervising you stipulates to the modification. We need a certified copy of their stipulation.
What Happens If I Apply for Modification?
The county attorney of the county where you live, the county attorney of the county where you were convicted, and the department will be notified.
If they have contact information for your victim, your victim will be notified.
The court may but doesn't have to hold a hearing. The judge will decide whether or not to modify your registration requirements.
What Offenses Require Registration?
Offenses requiring registration are listed in Iowa Code 692A.
The list is long and includes things like: sexual abuse, indecent exposure, sexually motivated harassment, sexually motivated stalking, sexually motivated assault, pimping, pandering, bigamy, incest, dissemination or exhibition of obscene material to minors, rental or sale of hard-core pornography, child pornography possession, creation, or distribution, lascivious acts with a child, solicitation of a minor, false imprisonment, invasion of privacy, indecent contact with a child, sexual abuse of a corpse, sexually motivated kidnapping, transportation of minors for illegal sexual activity, murder or manslaughter (or attempted murder) involving sexual abuse or motivation, sexually motivated burglary, human trafficking, purchase or sale of a person, sexual exploitation by a counselor, therapist, or school employee, child stealing, solicitation of prostitution, and sex trafficking,
What Are the Registration Requirements?
You have to register in-person with the sheriff of any county where you live, work, or go to school.
If you're going to be away from home for more than five days, you have to go in person to tell the sheriff where you'll be and how long you'll be there.
You have to appear in person to verify where you live, work, and go to school every year if you're a tier I offender, every six months if you're a tier II offender, and every three months if you're a tier III offender on the Iowa sex offender registry.
- You'll have to have an updated photo taken at least every year. You may be required to submit fingerprints or palm prints.
- You will have to pay an annual registration fee and a civil penalty.
- You might be subject to electronic monitoring.
- You might have more registration requirements than this.
Offenses Against Minors
Offenders convicted of sex offenses against minors have additional requirements.
You may not be able to be near schools, public libraries, or daycare facilities, among other things.
What Is a Sex Offense Registry Violation?
Any county where you are required to register can prosecute you for a registry violation if you know or reasonably should know you have a duty to fulfill a registry requirement.
For most offenders, a first registry violation is an aggravated misdemeanor. Second and subsequent offenses are class "D" felonies.
If you were convicted of an offense against a minor or a sexually violent offense while in violation of a registry requirement, your violation will be charged as a class "C" felony.
Call (515) 200-2787 today for a free initial consultation.