When you’re convicted of a sex offense in Michigan, one of the consequences is that you may be required to register as sex offender. Depending on the circumstances of your conviction, this designation can follow you for years — or even for life. The Michigan Sex Offender Registry collects the names, photographs, addresses, job information, vehicle information, and other details about convicted sex offenders living in Michigan.
THE ADAM WALSH ACT
The federal Sex Offender Registration and Notification Act was passed as part of the Adam Walsh Child Protection and Safety Act of 2006. SORA provides uniform minimum requirements for sex offender registration and notification in each state.
Michigan SORA could have serious consequences for you, even if you have been already been convicted of a sex crime and are in compliance with Michigan’s current registry requirements. The United States Supreme Court has ruled that sex offender registry laws could be enforced retroactively as non-punitive regulatory measures. This means that even if you are convicted before new legislation is passed you may still be required to comply with additional registration requirements.
SORA:
expands the list of sex offenses that will require registration
requires registered sex offenders to register and keep their registration current in every jurisdiction in which they reside, work, or attend school
requires registered sex offenders to notify local law enforcement prior to departing from their jurisdiction of residence for 7 days or more
requires sex offenders to provide more extensive registration information, including professional licensing information and internet identifiers such as screen names
expands the amount of information available online to the public regarding registered sex offenders, including license plate number and vehicle description
requires any change in registration information be reported within 3 days
changes the required minimum duration of registration for sex offenders and the frequency of in-person verification; and
makes failure to register or update registration information a federal offense.
Failure to Register As Sex Offender
A person commits the offense of failure to register as a sex offender if they do not register in the manner required by law on or before the deadline. This means that a person commits the offense, as defined by state law, on the fourth day after an event that triggers the duty to register. Law enforcement views this as an ongoing offense, meaning that a person is deemed to have committed the offense of failure to register every day they fail to register, although the state can only prosecute a person fora single offense.
Penalties for Failure to Register
The severity of the offense depends on the underlying conviction that requires registration and the number of prior convictions for failure to register. Failure to register after a felony sex offense conviction is a class C felony, punishable by up to five years in prison. For an underlying misdemeanor or gross misdemeanor conviction, failure to register is a gross misdemeanor, which could lead to one year in county jail. If a person has at least two prior convictions for failure to register as a sex offender, a subsequent charge is a class B felony with a maximum sentence of ten years’ imprisonment.
States are in danger of losing federal funding if they do not update their own sex offender registration laws to come into compliance with the Adam Walsh Act. On July 1, 2011, Michigan updated its SORA law to come into compliance with the Adam Walsh Act and SORNA.
