Michigan’s Sex Offenders Registration Act (SORA) Unconstitutional

In October 2024, Federal District Court Judge Mark A. Goldsmith issued a ruling in Does v. Whitmer (known as “Does III”) that struck down portions of Michigan’s Sex Offenders Registration Act (SORA) as unconstitutional. The decision could affect tens of thousands of people in Michigan and would result in some people being removed from the Sex Offender Registry. Others may experience a change in their reporting requirements. However, recent legislation passed in the Michigan Senate could negate many of those changes.

New SORA Laws in Michigan

Michigan passed its first Sex Offender Registration Act (SORA) in 1994, which established a non-public database of convicted sex offenders. The legislation was amended multiple times, most notably in 2006, 2011, and 2021.

In 2022, the American Civil Liberties Union (ACLU) filed a class action lawsuit in Michigan’s Federal District Court that challenged Michigan’s SORA, claiming it was unconstitutional because:

1. It retroactively extended SORA registration terms from 25 years to life.
2. In-person reporting requirements imposed in 2011 should not be applied to pre-2011 SORA registrations.
3. People who were not convicted of a sexual offense should not be subject to SORA without a judicial hearing.
4. Michigan cannot impose harsher conditions on people with out-of-state convictions than on people with sex crime convictions in Michigan.
5. SORA’s reporting requirements include internet identifiers like email and social media accounts, which violate a registrant’s First Amendment rights.
6. Forcing registrants to attest that they understand SORA, even if they do not, is unconstitutional compelled speech.

In October 2024, Judge Mark Goldsmith ruled on the ACLU’s lawsuit and recognized many of the ACLU’s claims while rejecting others. The notable claims Judge Goldsmith agreed with include:

1. Some people who had not committed sex offenses were required to register as sex offenders.
2. The 2021 SORA amendments unconstitutionally required people sentenced under older versions of SORA to register as sex offenders for life.
3. People convicted of sex crimes in other states were treated more harshly than people convicted in Michigan.
4. The rule requiring that offenders report their online details, like email addresses and social media account information, violated registrants’ First Amendment rights.

How Does the Ruling Change Michigan Sex Offender Laws?

The federal court ruling found portions of Michigan’s SORA unconstitutional. As a result:

• Approximately 17,000 people who were supposed to register for life might revert to their original 25-year registration. Depending on their circumstances, some individuals may still need to register for life, while others may have shorter registration periods.
• More than 3,000 people with convictions from out of state will be entitled to a court hearing to determine their registration requirements.
• The ruling will change how approximately 31,000 report in person and how around 14,000 people will be required to report their internet details.

The judgment does not take effect immediately. The court gave the legislature 90 days to pass a new law. In addition, the government is likely to appeal the decision and will likely seek a stay while the appeal is being heard.

Legislators Respond with Changes to the Michigan Sex Offender Law

In June, the Michigan Senate passed legislation that would update Michigan’s SORA. The new law, which passed with bipartisan support, would impact Tier III offenders, the most common sex offender classification that includes 73% of all registrants. It clarifies lifetime registration provisions and includes more stringent reporting requirements that will only apply to offenders who were convicted after 2021. It would also maintain the registration of pre-2011 offenders who were already required to register for life.

Legislators anticipate the bill could be signed into law as early as July 2025.

Charged with a Sex Crime? Elmen Legal Can Help.

If you are required to register as a sex offender and have questions about how recent changes to SORA will affect you, or if you were charged with a sex crime and need legal representation, Elmen Legal can help.

Contact Elmen Legal Today

Elmen Legal is based in Ann Arbor and represents people charged with sex crimes throughout Michigan. Contact Elmen Legal today or call (734) 707-8915 to schedule a confidential appointment to discuss your situation and how Michigan criminal defense attorney Robert Elmen can help.