If you’ve ever looked at the Michigan Sex Offender Registry online, or researched someone who is listed as a sex offender, you probably noticed the ‘tier’ classification system we use. For people who aren’t familiar with the system, this can be a little confusing. So let’s take a look at what it means, and why we use this system for classifying sex offenders.
President George W. Bush signed the Adam Walsh Act into law. This set the standard for how law enforcement classifies sexual offenses. Under the federal Adam Walsh Act, sexual offenses are classified based on the crime committed, the nature of the crime, the age of the people involved, and whether or not the convicted sex offender is likely to commit the same type of offense again.
Under this new federal law, states were encouraged to do likewise, altering their sex offender registries to reflect their categories. In Michigan, we divide convicted sex offenders into three ‘tiers’ based on the crime they had committed, and how long they were required to remain on the registry.
Indecent exposure with self-fondling in front of a child
Possession of child pornography
Unlawful imprisonment or restraint of a minor
4th Degree Criminal Sexual Conduct (CSC) against a victim age 18 or older
A sex offense committed by a sexually delinquent person
What is a Tier 2 Sex Offender
Accosting, Enticing, or Soliciting a Child for Immoral Purposes
Crime Against Nature of Sodomy, if the victim is under 18 but older than 13
2nd Degree Criminal Sexual Conduct, if the victim is older than 13 but younger than 18
Distributing or Promoting Child Sexually Abusive Material
What is a Tier 3 Sex Offender
Gross indecency against a victim under age 13
1st Degree Criminal Sexual Conduct (rape or other forced sexual penetration)
3rd Degree Criminal Sexual Conduct
Assault with intent to commit penetration (CSC 1st degree or CSC 3rd degree)
2nd Degree Criminal Sexual Conduct against a victim younger than 13
Recently, there’s been a battle to change the laws surrounding Michigan’s sex offender registry, with some advocating eliminating the public search tool altogether. In August 2016, the U.S. 6th Circuit Court of Appeals in Cincinnati ruled Michigan’s Sex Offender Registry Act as unconstitutional because it imposed additional penalties after conviction. In May 2019, Michigan lawmakers were told by the court they had 90 days to revise the act.
