The Sex Offender Registration Act (SORA) requires that those convicted of most sex offenses register as a sex offender. Even those charged with a sex crime, who are convicted of a lesser crime, can face sex offender registration at the judge’s discretion, depending on the circumstances of the case. This penalty is issued on top of fines and incarceration, and the impact is life-changing and often more damaging to people than other penalties.
Individuals who are convicted of sex crimes must register as a sex offender. In Michigan, there are a number of rules and regulations that registered sex offenders must obey, including the inability to be within 1,000 feet of any school grounds.
The state of Michigan ranks sex offenders in a three-tiered system.
What is a Tier 1 Sex Offender?
TIER 1 OFFENSES. A. Sex Offenses. A “Tier 1” offense includes any sex offense for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that is not a “Tier 2” or “Tier 3” offense. B. Offenses Involving Minors. A “Tier 1” offense also includes any offense for which a person has been convicted by any jurisdiction, local government, or qualifying foreign country pursuant to Section 2.02(C) that involves the false imprisonment of a minor, video voyeurism of a minor, or possession or receipt of child pornography.
What is a Tier 2 Sex Offender?
Recidivism and Felonies. Unless otherwise covered by Section 5.3.3, any sex offense that is not the first sex offense for which a person has been convicted and that is punishable by more than one year in jail is considered a “Tier 2” offense. B. Offenses Involving Minors. A “Tier 2” offense includes any sex offense against a minor for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that involves: 1. The use of minors in prostitution, including solicitations, 2. Enticing a minor to engage in criminal sexual activity, 3. A non-forcible Sexual Act with a minor 16 or 17 years old, 4. Sexual contact with a minor 13 years of age or older, whether directly or indirectly through the clothing, that involves the intimate parts of the body, 5. The use of a minor in a sexual performance, or 6. The production or distribution of child pornography. R
TIER 3 OFFENSES. A. Recidivism and Felonies. Any sex offense that is punishable by more than one year in jail where the offender has at least one prior conviction for a Tier 2 sex offense, or has previously become a Tier 2 sex offender, is a “Tier 3” offense. B. General Offenses. A “Tier 3” offense includes any sex offense for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that involves: 1. Non-parental kidnapping of a minor, 2. A sexual act with another by force or threat, 3. A sexual act with another who has been rendered unconscious or involuntarily drugged, or who is otherwise incapable of appraising the nature of the conduct or declining to participate, or 4. Sexual contact with a minor 12 years of age or younger, including offenses that cover sexual touching of or contact with the intimate parts of the body, either directly or through the clothing.
An individual who knowingly fails to register as a sex offender or fails to update their information as outlined in the Sex Offender Registration and Notification Act could be charged with a federal crime. Additionally, someone convicted as a sex offender on a state level, that did not register, could also face prosecution federally if they traveled nationally, internationally, or live on an Indian reservation. The federal penalty for a sex offender who does not register under the proper SORNA guidelines is subject to 10 years in prison. Moreover, if the sex offender did not register and is caught in the commission of a violent federal crime, they may be subject up to 30 years in prison.
Failure to do certain items required by Michigan’s SORA could result in a misdemeanor. Others, however, could subject you to a four-year or 10-year felony. Michigan law enforcement has been aggressive in prosecuting convicted sex offenders for violations of SORA. The name of the charge is Failure to Register as a Sex Offender. Even the most technical or trivial violations can carry severe consequences, including prison time.
Being accused of failing to register as a sex offender in Michigan can be frightening, especially if it was not done willfully and was just an oversight. If you are accused of Failure to Register as a Sex Offender or failing to update your sex offender information, team of knowledgeable criminal defense attorneys can help you.
