Understanding the Different Tiers on the Michigan Sex Offender Registry

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.

Tiers of the Michigan Sex Offender List

Michigan classifies sex offenders according to three levels, or tiers. The least severe offenders are listed as Tier 1, while the most serious offenders are classified as Tier 3. Here is an overview of different Michigan sex crimes and how they are classified.

Tier 1 Sex Offenses

• Indecent exposure with self-fondling in front of a child
• Possession of child pornography
• Unlawful imprisonment or restraint of a minor
• 4th Degree Criminal Sexual Conduct (CSC) against a victim age 18 or older
• A sex offense committed by a sexually delinquent person

Tier 2 Sex Offenses

• Accosting, Enticing, or Soliciting a Child for Immoral Purposes
• Crime Against Nature of Sodomy, if the victim is under 18 but older than 13
• 2nd Degree Criminal Sexual Conduct, if the victim is older than 13 but younger than 18
• Distributing or Promoting Child Sexually Abusive Material

Tier 3 Sex Offenses

• Gross indecency against a victim under age 13
• 1st Degree Criminal Sexual Conduct (rape or other forced sexual penetration)
• 3rd Degree Criminal Sexual Conduct
• Assault with intent to commit penetration (CSC 1st degree or CSC 3rd degree)
• 2nd Degree Criminal Sexual Conduct against a victim younger than 13

Sex Offender Registration According to Tier

Convicted sex offenders must register their address with the Michigan State Police a certain number of times, during specific times of year, based on the month of their birth. Depending on their assigned tier, sex offenders will remain on the sex offender registry for different amounts of time.

• Tier 1 Offenders must verify their residence and other information in-person once every year for 15 years
• Tier 2 Offenders must verify their residence and other information in-person twice a year for 25 years
• Tier 3 Offenders must verify their residence and other information in-person four times every year for the rest of their lives

Registered sex offenders are required to provide their name, date of birth, registration number, a photograph, registration details, physical characteristics, any known aliases, scars, marks, tattoos, information about their offense, address information, campus information, employment information, and vehicle information.

What To Do if You’ve Been Accused of a Michigan Sex Crime

Being classified as a sex offender can change your life. If you have been accused of a sex crime, it is highly likely that you will be classified according to one of the three tiers. To avoid conviction for a sex offense and being placed on the Michigan Sex Offender Registry, you need to work with an experienced Michigan sex crimes defense attorney.

At Elmen Legal, I believe that everyone is innocent until proven guilty, regardless of the type of crime they are accused of committing. I know that being accused of a sex crime is particularly stressful, and that conviction can affect not only you, but your family, your loved ones, and other people who depend on you. That’s why I work hard to defend people who are accused of sex crimes in Michigan, protect their rights, and guide them through the legal process.

When you hire Elmen Legal, know that you are working with a criminal defense attorney who takes a caring and compassionate approach to his clients. But when dealing with prosecutors intent on securing a conviction, I am as aggressive as I need to be. I do my best to take care of my clients as people, and don’t look at them as just another case. I will advise you on the law that applies to your situation, and explain any additional potential consequences of a conviction and how they might impact your future.

I invite you to learn more about Ann Arbor criminal defense attorney Robert Elmen, get answers to Frequently Asked Questions, and read reviews from other clients I’ve helped. Then contact Elmen Legal today to schedule a free consultation to discuss your case.