After an evidentiary hearing, the trial court entered judgment in favor Khatri finding that “[b]ecause [Khatri] has satisfied all Missouri and federal requirements for removal from the sex offender registry and he is not a threat or potential threat to public safety, he is eligible to be, and should be, removed,” and ordered that Khatri’s “name shall be removed from the [registry] pursuant to Section 589.400.7.”
The appellate court reversed the trial court reasoning: “The Supreme Court of Missouri has addressed the interplay between the state registration requirement found in section 589.400.1(7) of SORA, and the federal registration requirement in SORNA found in 42 U.S.C. section 16913(a). See Doe v. Keathley, 290 S.W.3d 719 (Mo. banc 2009); and Doe v. Toelke, 389 S.W.3d 165 (Mo. banc 2012). Section 589.400.1(7) of SORA requires that a Missouri resident register as a sex offender if he or she “has been or is required to register … under … federal … law.” (Emphasis added). . . . ”
NARESH KHATRI, Petitioner-Respondent, v. AL DON TROTTER, LAWRENCE COUNTY PROSECUTOR, Respondent-Respondent, and MISSOURI STATE HIGHWAY PATROL, Respondent-Appellant.
Missouri Court of Appeals, Southern District – SD35169. Decided June 28, 2018.