In Michigan Sex Offender Registry Act is something that was instituted to keep track of people who are convicted of listed offenses. There are three tiers to the registry and each tier has different requirements and consequences. Tier 1 is the least prohibitive of the tiers and applies to low level sex crimes and tier 3 is the most restrictive and applies to the most severe sex offenses. The Tier system works out as follows:
Tier I offender” means an individual convicted of a tier I offense who is not a tier II or tier III offender. (s) “Tier I offense” means 1 or more of the following:
(i) A violation of section 145c(4) of the Michigan penal code, 1931 PA 328, MCL 750.145c.
(ii) A violation of section 335a(2)(b) of the Michigan penal code, 1931 PA 328, MCL 750.335a, if a victim a minor.
(iii) A violation of section 349b of the Michigan penal code, 1931 PA 328, MCL 750.349b, if the victim is a minor.
(iv) A violation of section 449a(2) of the Michigan penal code, 1931 PA 328, MCL 750.449a.
(v) A violation of section 520e or 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520e and 750.520g, if the victim is 18 years or older.
(vi) A violation of section 539j of the Michigan penal code, 1931 PA 328, MCL 750.539j, if a victim is a minor.
(vii) Any other violation of a law of this state or a local ordinance of a municipality, other than a tier II or tier III offense, that by its nature constitutes a sexual offense against an individual who is a minor.
(viii) An offense committed by a person who was, at the time of the offense, a sexually delinquent person as defined in section 10a of the Michigan penal code, 1931 PA 328, MCL 750.10a.
(ix) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (viii).
(x) An offense substantially similar to an offense described in subparagraphs (i) to (ix) under a law of the United States that is specifically enumerated in 42 USC 16911, under a law of any state or any country, or under tribal or military law.
(t) “Tier II offender” means either of the following:
(i) A tier I offender who is subsequently convicted of another offense that is a tier I offense.
(ii) An individual convicted of a tier II offense who is not a tier III offender.
(u) “Tier II offense” means 1 or more of the following:
(i) A violation of section 145a of the Michigan penal code, 1931 PA 328, MCL 750.145a.
(ii) A violation of section 145b of the Michigan penal code, 1931 PA 328, MCL 750.145b.
(iii) A violation of section 145c(2) or (3) of the Michigan penal code, 1931 PA 328, MCL 750.145c.
(iv) A violation of section 145d(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.145d, except for a violation arising out of a violation of section 157c of the Michigan penal code, 1931 PA 328, MCL 750.157c.
(v) A violation of section 158 of the Michigan penal code, 1931 PA 328, MCL 750.158, committed against a minor unless either of the following applies:
(A) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation.
(III) The individual is not more than 4 years older than the victim.
(B) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was 16 or 17 years of age at the time of the violation.
(III) The victim was not under the custodial authority of the individual at the time of the violation.
(vi) A violation of section 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.338,
750.338a, and 750.338b, committed against an individual 13 years of age or older but less than 18 years of age. This subparagraph does not apply if the court determines that either of the following applies:
(A) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation. (III) The individual is not more than 4 years older than the victim.
(B) All of the following:
Rendered Thursday, May 12, 2016 Page 3 Michigan Compiled Laws Complete Through PA 106 of 2016 Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov
(I) The victim consented to the conduct constituting the violation.
(II) The victim was 16 or 17 years of age at the time of the violation.
(III) The victim was not under the custodial authority of the individual at the time of the violation.
(vii) A violation of section 462e(a) of the Michigan penal code, 1931 PA 328, MCL 750.462e.
(viii) A violation of section 448 of the Michigan penal code, 1931 PA 328, MCL 750.448, if the victim is a minor.
(ix) A violation of section 455 of the Michigan penal code, 1931 PA 328, MCL 750.455.
(x) A violation of section 520c, 520e, or 520g(2) of the Michigan penal code, 1931 PA 328, MCL
750.520c, 750.520e, and 750.520g, committed against an individual 13 years of age or older but less than 18 years of age.
(xi) A violation of section 520c committed against an individual 18 years of age or older.
(xii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (xi).
(xiii) An offense substantially similar to an offense described in subparagraphs (i) to (xii) under a law of the United States that is specifically enumerated in 42 USC 16911, under a law of any state or any country, or under tribal or military law.
(v) “Tier III offender” means either of the following:
(i) A tier II offender subsequently convicted of a tier I or II offense.
(ii) An individual convicted of a tier III offense.
(w) “Tier III offense” means 1 or more of the following:
(i) A violation of section 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.338,
750.338a, and 750.338b, committed against an individual less than 13 years of age.
(ii) A violation of section 349 of the Michigan penal code, 1931 PA 328, MCL 750.349, committed against a minor.
(iii) A violation of section 350 of the Michigan penal code, 1931 PA 328, MCL 750.350.
(iv) A violation of section 520b, 520d, or 520g(1) of the Michigan penal code, 1931 PA 328, MCL
750.520b, 750.520d, and 750.520g. This subparagraph does not apply if the court determines that the victim consented to the conduct constituting the violation, that the victim was at least 13 years of age but less than 16 years of age at the time of the offense, and that the individual is not more than 4 years older than the victim.
(v) A violation of section 520c or 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520c and 750.520g, committed against an individual less than 13 years of age.
(vi) A violation of section 520e of the Michigan penal code, 1931 PA 328, MCL 750.520e, committed by an individual 17 years of age or older against an individual less than 13 years of age.
(vii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (vi).
(viii) An offense substantially similar to an offense described in subparagraphs (i) to (vii) under a law of the United States that is specifically enumerated in 42 USC 16911, under a law of any state or any country, or under tribal or military law.
(x) “Vehicle” means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79.
(y) “Vessel” means that term as defined in section 44501 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.44501.
The Michigan Sex Offender Registry is problematic on a number of levels. While people who have been convicted of listed offenses are required to register, the general public doesn’t know the underlying circumstances of the offense and typically jumps to the conclusion that every single person on the list is a threat to the well being of society. This is far from the case, and creates a social stigma around those who are required to register even if that stigma is entirely unwarranted.
In addition, the registration requirements, specifically for tier 2 and 3, are so stringent that often times people are unable to comply and are charged with violating their registration requirements and wind up in additional legal trouble. Failure to register as a sex offender can carry significant legal consequences that those facing sex crimes are rarely cognizant of when facing their particular charge. Often times, those facing sex crimes are unaware of the registration requirements or even the necessity to register. If you are facing sex crime charges it is important to find a knowledgeable attorney who is aware of every single consequence of your specific charge. The sex crime attorneys at the West Michigan Defense Team are knowledgeable when it comes to all Michigan sex crimes as well as the Michigan Sex Offender Registry. Contact us today if you or a loved one are in need of help related to a sex crime or any other criminal matter. Contact us today or give us a call!
