554 S.W.3d 482
Mo. Ct. App.2018Background
- In 2007 Khatri pled guilty to promoting prostitution in the third degree, received a suspended two-year sentence and five years' probation.
- That conviction triggered registration obligations under both federal SORNA and Missouri's SORA.
- Khatri’s federal SORNA registration requirement expired around February 14, 2017 after a clean-record reduction shortened his federal registration period to ten years.
- Khatri filed a petition under Mo. Rev. Stat. § 589.400.3(4) and .7 seeking removal from Missouri's sexual offender registry as an offender eligible for removal ten years after registration.
- The trial court granted removal, finding Khatri satisfied Missouri and federal requirements and was not a public-safety threat. The Missouri State Highway Patrol (MSHP) appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Khatri is eligible for removal from Missouri's registry under §589.400.3(4) and .7 despite having once been required to register under federal law | Khatri: He satisfied the ten-year removal exception and his federal SORNA registration has expired, so he may be removed | MSHP: Because Khatri "has been or is required to register" under federal law, SORA §589.400.1(7) independently requires Missouri registration, so he is not on the registry solely for the conviction and cannot be removed under §589.400.7 | Court reversed: Following Keathley and Toelke, a prior federal SORNA registration creates a present state registration duty under §589.400.1(7), making Khatri ineligible for removal; remand to reinstate his name |
Key Cases Cited
- Doe v. Keathley, 290 S.W.3d 719 (Mo. banc 2009) (holding federal SORNA registration obligation triggers state SORA registration under §589.400.1(7))
- Doe v. Toelke, 389 S.W.3d 165 (Mo. banc 2012) (same; state duty to register derives from continuing federal status)
- Kennedy v. State, 411 S.W.3d 873 (Mo. App. S.D. 2013) (applied Keathley/Toelke to reverse trial court removal where registrant had federal registration history)
- James v. Missouri State Highway Patrol, 505 S.W.3d 378 (Mo. App. E.D. 2016) (supporting application of federal-trigger theory to SORA removal exception)
- Wilkerson v. State, 533 S.W.3d 755 (Mo. App. W.D. 2017) (same; registrant with federal requirement not eligible for statutory removal)