4. Relief from duty to register. If the underlying conviction for a sex offense or sexually violent offense is reversed, vacated or set aside, or if the registrant is pardoned for the offense, registration or continued registration as a sex offender 10-year registrant or sexually violent predator lifetime registrant is no longer required.

Sec. C-24. 34-A MRSA §11226, first ¶, as enacted by PL 1999, c. 437, §2, is amended to read:

The bureau may charge a $25 annual fee to persons required to register under this chapter. Sex offenders or sexually violent predators Registrants shall pay the fee at the time of initial registration and shall pay the fee on each anniversary of their initial registration.

Sec. C-25. 34-A MRSA §11227, sub-§§1, 2, 3 and 6, as enacted by PL 2003, c. 452, Pt. S, §1 and affected by Pt. X, §2, are amended to read:

1. Failure to register or update information. A sex offender or sexually violent predator registrant who fails to register or update the information required under this chapter commits a Class D crime.

2. Failure to register or update information; 2nd offense. A sex offender or sexually violent predator registrant who has one prior conviction for failure to register or update the information required under this chapter commits a Class D crime.

3. Failure to register or update information; 3rd or subsequent offense. A sex offender or sexually violent predator registrant who fails to register or update the information required under this chapter when the sex offender or sexually violent predator registrant has 2 or more prior convictions in this State for violation of this chapter commits a Class C crime.

6. Affirmative defense. It is an affirmative defense that the failure to register or update information resulted from just cause, except that sex offenders or sexually violent predators registrants convicted from June 30, 1992 to September 17, 1999 may not raise a defense under just cause that they were not aware of the registration requirement.