Court of Appeals of Missouri, Western District, Third Division
from the Circuit Court of Jackson County The Honorable
Jennifer M. Phillips, Judge
Lisa White Hardwick, P.J., and Victor C. Howard and Alok
Steven Petrovick pleaded guilty to first-degree sexual
assault in 1991. In 2016, he filed a petition in the Circuit
Court of Jackson County, seeking to be removed from the
State's sex-offender registry. The circuit court granted
Petrovick relief. The State appeals. Because we conclude that
Petrovick was never subject to an obligation to register as a
sex offender under either federal or state law, we affirm.
1991, Petrovick engaged in sexual intercourse with a
fourteen-year-old girl. He was nineteen years old at the
time. Petrovick was charged in the Circuit Court of Jackson
County with sexual assault in the first degree, a class C
felony, in violation of § 566.040, RSMo 1986. Petrovick
pleaded guilty, and on November 4, 1991, the circuit court
suspended the imposition of sentence and placed him on
probation for two years. Petrovick was successfully
discharged from probation in October 1993.
did not register as a sex offender until August or September
2015. Then on January 21, 2016, he filed a petition in the
circuit court pursuant to § 589.400.8,  seeking to be
released from sex-offender registration requirements.
holding an evidentiary hearing, the circuit court entered
judgment in Petrovick's favor on November 22, 2016. The
court found that Petrovick "is not a current or
potential threat to the public safety." The judgment
also found that he "was never found in violation for
failure to register as a sex offender, " and that he
"has been in compliance with Section 589.400 RSMo. since
he became aware of his duty to register in August 2015."
The court concluded that
[p]ursuant to [§] 589.400.8 RSMo., [Petrovick] is
eligible to be removed from the sex offender registry given
that [he] was age 19 and the victim was age 14 or 15 [at the
time of the offense], no force or threat of force was used,
and at least two years have passed since [Petrovick] was
found guilty of said crime.
circuit court accordingly ordered that Petrovick's
"name shall be removed from the sex offender
registry." The State appeals.
appellate court will reverse a judgment of a trial court when
'it is not supported by substantial evidence, is against
the weight of the evidence, or erroneously declares or
applies the law.'" James v. Mo. State Hwy.
Patrol, 505 S.W.3d 378, 381 (Mo. App. E.D. 2016)
(citation omitted); Murphy v. Carron, 536 S.W.2d 30,
32 (Mo. banc 1976). "Questions of statutory
interpretation . . . are reviewed de novo."
Brainchild Holdings, LLC v. Cameron, No. SC96376,
2017 WL 6012216, at *1 (Mo. banc Dec. 5, 2017) (citation
Sex Offender Registration Act ("SORA"), §
589.400 et seq., became effective on ...