What is the Sex Offenders Registration Act?
The Sex Offenders Registration Act is known as SORA. SORA was enacted pursuant to the legislature’s exercise of police power of the state. Its intent is to monitor persons that are believed to pose a potential danger to the people of the state. Sora is a database that contains the names and addresses of individuals convicted of certain sex crimes. In Michigan, the Michigan State Police (MSP) is the agency established by the Act to be the keeper of the registry and repository. The Michigan State Police local posts, and other local county and city/township law enforcement agencies, serve as the locations for the offender to register. The frequency of reporting, the number of years of reporting, and whether the information is public or private, is dependent upon the type of conviction for the offender and is categorized by Tiers.
What are Tiers?
In Michigan, sex crime offenses are categorized into three Tiers. Tier 1 is the least serious, and Tier 3 is the most serious. The more serious the offense, the more frequent and longer the individual is required to report/register.
Tier 1 applies to a person convicted of a crime that results in a Tier I offender status and this offender is required to register and verify their information and residence in-person at their designated local law enforcement agency once per year for 15 years. In some cases, they may only be required to Register for 10 years.
Tier 2 applies to a person convicted of a crime that results in a Tier II offender status and this offender is required to register and verify in-person two times per year for 25 years.
Tier 3 applies to a person convicted of a crime that results in a Tier III offender status and this offender is required to register and verify in-person four time per year for life.
What are Tier 1 Offenses?
Tier 1 offenses include but not limited to Criminal Sexual Conduct 4th Degree, under certain variables, Possession of Child Sexually Explicit or Abusive Material (CSAM), Unlawful Imprisonment of a Minor.
What are Tier 2 Offenses?
Tier 2 offenses include but not limited to CSC 2nd Degree, under certain variables, Distributing or Promoting CSAM, and Accosting, Enticing or Soliciting a Child for Immoral Purposes.
What are Tier 3 Offenses?
Tier 3 offenses include but not limited to CSC 1st Degree, which includes rape or forceable sexual penetration, CSC 1st or 3rd Degree whereby Assault with Intent to Commit Penetration, and CSC 2nd Degree if the Victim is less than 13-year-old.
When do I Report?
MCL 28.725a specifically lists the month(s) for you to report and it is based upon your individual birth month. This information would be provided to you upon release from jail/prison and require you to sign and date your acknowledgement and understanding of your duties to report. Failure to sign and date this document can be charged as a Misdemeanor.
If it is a Tier 1 offense, then you would report annually in-person during your birth month. If you are born in August, you would report in August. It may not be any sooner than the 1st day of your birth month, and no later than the last day of your birth month. If it is a Tier 2 offense requiring two reports per year, you would report during your birth month, and then the corresponding sixth month, August and February for example, or June and December. If it is Tier 3 offense, then you would report during your birth month, and then every 3 months. January (1), April (4), July (7), and October (10). If you were to be leaving the State of Michigan, or the country, there are additional requirements to update the Registry.
What if I fail to Report?
Failure to comply with these reporting requirements would result in a Warrant for your arrest and be faced with a Felony. If it is a first violation you would face a 4-year felony and a fine of $5000.00, or both. A second violation would be a 7-year felony and a fine of $10,000.00, or both. In addition, depending on the timing of a violation, it could also be a violation of your Parole. Regardless, failure to comply with reporting requirements have severe consequences. To learn more, contact our attorneys right away.