Sex Offenders Different Tiers

Registering as a sex offender can have a significant impact on one's personal and professional life. Relationships with family members can be greatly strained. Getting a job can be difficult when a background check is required. Even renting an apartment can be difficult. This is in addition to the criminal penalties associated with a sex crime conviction, including fines and prison time.



Individuals who have been convicted of a sex crime are required to register as a sex offender in Michigan Sex Offender Registration. The period of registration lasts a minimum of 25 years, and under certain circumstances, for life. A registered sex offender is required to register his or her address with law enforcement and update that information whenever he or she moves.





Sex Offenders Different Tiers 



Sex offenders in the registry are categorized into three tiers based on the seriousness of the offense. The registration requirements differ slightly for each tier. A skilled criminal defense attorney can discuss your specific offense and where it falls into this classification.




Tier 1 — These are the least serious offenses. Tier I offenders stay in a non-public registry for 15 years, and must verify their information once per year. Tier I offenders may include people convicted of 4th-degree criminal sexual conduct or indecent exposure.




Tier 2 — This offense are more serious, and include convictions such as 2nd-degree criminal sexual conduct involving a victim age 13 or older, distribution of child pornography, or pandering. Tier II offenders stay in a public registry for 25 years, and must verify their information twice per year.




Tier 3 — This offense are the most serious sex offenses and include offenses such as 1st-degree criminal sexual conduct, 2nd-degree criminal sexual conduct involving a victim under age 13, or assault with intent to commit criminal sexual conduct involving penetration. Tier III offenders stay in the public registry for life and must verify their information four times per year.




Failure to Register in Federal



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 Register in State



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.





You may have options for defending the failure to register charge. Depending on the circumstances of your case, a skilled Michigan criminal defense lawyer may be able to get your charge dismissed or your penalty reduced.


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