What Do The Different Tiers Mean In Michigan SOR

 The Adam Walsh Act, which was signed into law by President George W. Bush in 2006, set the standard for classifying sexual offenses across the country. Sexual offenses are classified according to:


The crime committed


The age of the people involved


Whether the convicted sex offender is likely to re-offend


While states were not required to follow the federal classification system, they were encouraged to do so.


Like the federal law, the Michigan Sex Offender Registry divides sex offenders according to different categories, or tiers, based on the crime committed and how long they are required to remain on the Michigan sex offender list.




What is a Tier 1 Sex Offender


Tier I offenses are listed in MCL 28.722(s), and include all of the following offenses:


Knowing possession of child sexually abusive material under MCL 750.145c


Aggravated indecent exposure which is indecent exposure involving fondling under MCL 750.355a(2)(b)


Unlawful imprisonment if the other person is a minor under MCL 750.349b


Engaging or offering to engage a person under 18 years old for prostitution under MCL 750.449a(2)


Criminal Sexual Assault Fourth Degree under MCL 750.520e


Criminal Sexual Assault Third Degree under MCL 750.520e


Assault with intent to commit Criminal Sexual Assault in the Second Degree under MCL 750.5520g


Voyeurism if the victim is a minor under MCL 750.539


An offense that was committed by a person determined to be a sexually delinquent person at the time of the offense under MCL 750.10a


Any other violation substantially similar to a tier one offense that is specifically listed in federal law 42 USC 16911


Any other violation of Michigan law or a local ordinance of a municipality that is not a tier two or a tier three offense that by its nature is a sexual offense against a minor



What is a Tier 2 Sex Offender


Tier two listed offenses Under MCL 28.722(u) and include all of the following offenses:


Soliciting a minor under the age of 16 for an immoral purpose under MCL 750.145a


Criminal Sexual Conduct Second Degree under MCL 750.520c


Criminal Sexual Conduct Fourth Degree under MCL 750.520e


Creation, production, or financing of child sexually abusive activity or material under MCL 750.145c


Distribution or promotion of child sexually abusive material under 750.145c


Soliciting a minor under the age of 16 for an immoral purpose second offense under MCL 750.145b


Sodomy of a minor under MCL 750.158 unless the convicted person was not more than four years older than the other person, and the other person consented and was at least 13 but less than 16 at the time


The use of a minor for commercial sexual activity under MCL 750.462e


Assault with intent to commit criminal sexual conduct second degree if the other person is at least 13 years of age but under 18 under MCL 750.520c


Soliciting prostitution or an immoral act if the other person was a minor under 750.448


Procuring or attempting to procure a person for prostitution under MCL 750.455

Gross indecency between males under MCL 750.338 if the other person was at least 13 but less than 18 years of age


Gross indecency between women under MCL 750.338b if the other person was at least 13 but less than 18 years of age


Gross indecency between males and females if the other person was at least 13 years old, but less than 18 at the time of the violation - unless the person was not more than 4 years older than the other person and the other 

person consented and was at least 13 years old, but less than 16 at the time


Other offenses substantially similar to a tier two offense that is listed under federal law 42 USC 16911




What is a aTier 3 Sex Offender


Tier III offenses under MCL 28.722(w) and include all of the following offenses:


Criminal Sexual Conduct First Degree under MCL 750.520b


Criminal Sexual Conduct Third Degree under MCL 750.520d


Criminal Sexual Conduct Second Degree under MCL 750.520c


Criminal Sexual Conduct Fourth Degree if the person is 17 years or older and the other person is under age of 13 under MCL 750.520e


Assault with intent to commit Criminal Sexual Conduct Second Degree if the victim is under 13 under MCL 750.520g(2)


Assault with the intent to commit Criminal Sexual Conduct Third Degree under MCL 750.520g(1) unless the person is not more than four years older than the other person, and the other person consented to the conduct and was at least 13, but under 16 years of age


Kidnapping if the other person was a minor under MCL 750.349


Enticing a child under age of 14 with the intent to detain or conceal the child from his or her parent, guardian, or adoptive parent under MCL 750.350


Gross indecency between men under MCL 750.338 if the other person is less than 13 years of age


Gross indecency between women under MCL 750.338a if the other person is less than 13 years of age


Gross indecency between men and women under MCL 750.338b if the other person is less than 13 years of age




Convicted sex offenders in Michigan are required to register their addresses with the Michigan State Police a certain number of times, during specific times of the year. They are also required to stay on the sex offender registry for different periods of time, based on their assigned tiers.


 


Tier I: Must verify their residence and other information in-person once a year for 15 years.


Tier II: Must verify their residence and other information in-person twice a year for 25 years.


Tier III: Must verify their residence and other information in-person four times a year for the rest of their lives.

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