Description:

Des Moines, Iowa criminal defense lawyer represented the Defendant convicted being a sex offender.

Under Iowa Code section 692A.128 (2022), applicants seeking modification of their sex offender registration requirements must meet statutory threshold criteria before a district court may exercise its discretion and approve or reject their application. In this case, the registered sex offender's application to modify and remove his name from the registry was denied. The district court determined the applicant had not "successfully completed" his required sex offender treatment program, which is a threshold requirement of section 692A.128(2). The district court, in its discretion, also concluded the applicant posed an ongoing risk to the community and should not be removed from the registry. The court of appeals affirmed the district court's decision.


The district court determined Murillo did not satisfy all the modification eligibility requirements in section 692A.128(2) because he did not successfully complete his required SOTP. The court held that although Murillo had evidence that he completed his SOTP, his false pretenses to remain in the program and his shifting stories did not indicate a successful completion of the program. Although the district court concluded Murillo did not meet the threshold criteria in section 692A.128(2), it made a discretionary determination that Murillo had a need for further treatment and remained an ongoing risk to the community, thus denying his application for modification.

Murillo v. State, 22-1967 (Iowa Nov 15, 2024)

Outcome: Affirmed

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Defendant's Experts:

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