The Michigan Sex Offender Registry: An Overview

The Michigan Sex Offender Registry is a public database containing the names, addresses, physical descriptions and criminal history details of convicted sex offenders that is readily accessible on the Internet. The purpose of the registry is to provide another layer of protection to society to identify and track those sexual delinquent individuals who are perceived to have a low recidivist rate. The length of time and the frequency that someone has to register depends on the type of offense that they were convicted of. SEX OFFENDERS WILL BE LISTED ON ONE OF THREE TIERS ON THE REGISTRY:

TIER I OFFENDERS must register FOR 15 YEARS and must report to law enforcement ONCE PER YEAR to verify their address. Fortunately, Tier I offenders are on a non-public registry and there is a possibility of being discharged after 10 years. The following criminal offenses can cause TIER I registration:

• MCL 750.145(c)(4) – Possession of child sexually abusive material

• MCL 750.335a(2)(B) – Aggravated Indecent Exposure if victim is a minor

• MCL 750.349b – Unlawful imprisonment of a minor

• MCL 750.520e – Fourth Degree Criminal Sexual Conduct IF victim is 18 or older.

• MCL 750.520g(2) – Assault w/ Intent to Commit Sexual Conduct IF victim is 18 or older.

• MCL 750.539j – Surveillance of or distribution, dissemination or transmission of recording, photograph, or visual image of individual having a reasonable expectation of privacy IF victim is a minor.

• Any violation of state law or local ordinance, other than a Tier II and Tier III offense, that by its definition constitutes a sexual offense against a minor.

• Any criminal offense where the offender was a “sexually delinquent person” as defined in MCL 750.10a.

• Any attempt or conspiracy to commit a Tier I offense.

• Any offense substantially similar to a Tier I offense under the law of any state, country, tribal law, military law, or a law specifically enumerated in 42 USC 16911.

TIER II OFFENDERS must register FOR 25 YEARS and must report to law enforcement TWO TIMES PER YEAR to verify their address. The following criminal offenses can cause TIER II registration:

• ANY TIER I OFFENSE where the criminal actor was already a Tier I offender.

• MCL 750.145a – Accosting, Enticing or Soliciting a Child Under 16 Years Old For Immoral Purposes

• MCL 750.145b – Accosting, Enticing or Soliciting a Child Under 16 Years Old For Immoral Purposes with a Prior Conviction

• MCL 750.145c(2) – Persuading, inducing, enticing, coercing or knowingly allowing a child to engage in a child sexually abusive activity for the purpose of producing any child sexually abusive material, or arranging for, producing, making, copying, reproducing, or financing, or attempting or preparing or conspiring to arrange for, produce, make, copy, reproduce, or finance any child sexually abusive activity or child sexually abusive material for personal, distributional, or other purposes.

• MCL 750.145c(3) – Distributing, or promoting, or financing the distribution or promotion of, or receiving for the purpose of distributing or promoting, or conspiring, attempting, or preparing to distribute, receive, finance, or promote any child sexually abusive material or child sexually abusive activity.

• MCL 750.145d(1)(a) – Using the internet or a computer to communicate with any person for the purpose of committing, attempting to commit, conspiring to commit, or soliciting another person to commit criminal sexual conduct or participate in child sexually abusive material where the victim or intended victim is a minor.

• MCL 750.158 – Sodomy or Crime Against Nature Committed Against Minor UNLESS ONE OF THE FOLLOWING EXCEPTIONS APPLY:

1. The victim consented to the conduct, was at least 13 years old but not yet 16 years old, and was not more than four years younger than the offender.
2. The victim consented to the conduct, was 16 or 17 years old at the time of the offense, and was not under the custodial authority of the offender.

• MCL 750.338 – Gross Indecency between males where the victim was at least 13 years old but not yet 16 years old UNLESS ONE OF THE FOLLOWING EXCEPTIONS APPLY:

1. The victim consented to the conduct, was at least 13 years old but not yet 16 years old, and was not more than four years younger than the offender.
2. The victim consented to the conduct, was 16 or 17 years old at the time of the offense, and was not under the custodial authority of the offender.

• MCL 750.338a – Gross Indecency between females where the victim was at least 13 years old but not yet 16 years old UNLESS ONE OF THE FOLLOWING EXCEPTIONS APPLY:

1. The victim consented to the conduct, was at least 13 years old but not yet 16 years old, and was not more than four years younger than the offender.
2. The victim consented to the conduct, was 16 or 17 years old at the time of the offense, and was not under the custodial authority of the offender.

• MCL 750.338b – Gross Indecency between a male and female where the victim was at least 13 years old but not yet 16 years old UNLESS ONE OF THE FOLLOWING EXCEPTIONS APPLY:

1. The victim consented to the conduct, was at least 13 years old but not yet 16 years old, and was not more than four years younger than the offender.
2. The victim consented to the conduct, was 16 or 17 years old at the time of the offense, and was not under the custodial authority of the offender.

• MCL 750.462e(a) – Recruiting, enticing, harboring, transporting or obtaining by any means a minor for commercial sexual activity.

• MCL 750.448 – Soliciting, accosting or inviting an individual to commit prostitution or an immoral act if the victim is a minor.

• MCL 750.455 – Committing any of the following acts:

1. “(a) Procures an inmate for a house of prostitution.”
2. “(b) Induces, persuades, encourages, inveigles, or entices a person to become a prostitute.”
3. “(c) By promise, threat, or violence, or by any device or scheme, causes, induces, persuades, encourages, takes, places, harbors, inveigles, or entices a person to become an inmate of a house of prostitution or assignation place or any place where prostitution is practiced, encouraged, or allowed.”
4. “(d) By any promise or threat, or by violence or any device or scheme, causes, induces, persuades, encourages, inveigles, or entices an inmate of a house of prostitution or place of assignation to remain there as an inmate.”
5. “(e) By any promise or threat, or by violence, any device or scheme, fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages, or procures any person to engage in prostitution.”
6. “(f) Inveigles, entices, persuades, encourages, or procures any person to come into this state or to leave this state for the purpose of prostitution.”
7. “(g) Upon the pretense of marriage, takes or detains a person for the purpose of sexual intercourse.”
8. “(h) Receives or gives, or agrees to receive or give, any money or thing of value for procuring or attempting to procure any person to become a prostitute or to come into this state or leave this state for the purpose of prostitution.”

• MCL 750.520c – Second Degree Criminal Sexual Conduct IF the victim was at least 13 years old.

• MCL 750.520e – Fourth Degree Criminal Sexual Conduct IF the victim was at least 13 years old but not yet 18 years old.

• MCL 750.520g(2) – Assault w/ Intent to Commit Sexual Conduct IF victim was at least 13 years old but not yet 18 years old.

• Any attempt or conspiracy to commit a Tier II offense.

• Any offense substantially similar to a Tier II offense under the law of any state, country, tribal law, military law, or a law specifically enumerated in 42 USC 16911.

TIER III OFFENDERS must register FOR LIFE and must report to law enforcement FOUR TIMES PER YEAR to verify their address. The following criminal offenses can cause TIER III registration.

• ANY TIER I OR II OFFENSE where the criminal actor was already a Tier II offender.

• MCL 750.338 – Gross Indecency between males where the victim was under 13 years old.

• MCL 750.338a – Gross Indecency between females where the victim was under 13 years old.

• MCL 750.338b – Gross Indecency between a male and female where the victim was under 13 years old.

• MCL 750.349 – Kidnapping where sexually abusive activity was committed against a minor.

• MCL 750.350 – Kidnapping committed where victim was under 14 years old.

• MCL 750.520b – First Degree Criminal Sexual Conduct UNLESS the victim consented to the conduct, was at least 13 years old but not yet 16 years old, and not more than 4 years younger than the victim.

• MCL 750.520c – Second Degree Criminal Sexual Conduct IF the victim was under 13 years old.

• MCL 750.520d – Third Degree Criminal Sexual Conduct UNLESS the victim consented to the conduct, was at least 13 years old but not yet 16 years old, and not more than 4 years younger than the victim.

• MCL 750.520e – Fourth Degree Criminal Sexual Conduct IF the victim was under 13 years old and the offender was 17 years old or older.

• MCL 750.520g(1) – Assault w/ Intent to Commit Sexual Penetration UNLESS the victim consented to the conduct, was at least 13 years old but not yet 16 years old, and not more than 4 years younger than the victim.

• MCL 750.520g(2) – Assault w/ Intent to Commit Sexual Conduct IF victim was under 13 years old.

• Any attempt or conspiracy to commit a Tier III offense.

• Any offense substantially similar to a Tier III offense under the law of any state, country, tribal law, military law, or a law specifically enumerated in 42 USC 16911.

It should be noted that juveniles may be required to be listed on the Michigan Sex Offender Registry. If the juvenile is age 13 or younger at the time of the offense, then the juvenile is not required to register no matter what the offense is. However, if the juvenile is at least 14 years old up to 16 years old at the time of the offense, then registration with be required if the offense was a Tier 3 offense (which means LIFETIME registry). Registration is required whether the juvenile was convicted by waiver to adult court, adjudicated in designated proceedings or otherwise subject to disposition in juvenile court.

INDIVIDUAL REQUIRED TO REGISTER AS SEX OFFENDERS MUST COMPLY WITH THE FOLLOWING DUTIES:

• Upon registering, providing the following information:

1. The individual’s legal name and any aliases, nicknames, ethnic or tribal names, or other names by which the individual is or has been known. MCL 28.727(1)(a).
2. The individual’s social security number and any social security numbers or alleged social security numbers previously used by the individual. MCL 28.727(1)(b).
3. The individual’s date of birth and any alleged dates of birth previously used by the individual. MCL 28.727(1)(c).
4. The address where the individual resides or will reside. If the individual does not have a residential address, information under this subsection shall identify the location or area used or to be used by the individual in lieu of a residence or, if the individual is homeless, the village, city, or township where the person spends or will spend the majority of his or her time. MCL 28.727(1)(d).
5. The name and address of any place of temporary lodging used or to be used by the individual during any period in which the individual is away, or is expected to be away, from his or her residence for more than 7 days. MCL 28.727(1)(e).
6. The name and address of each of the individual’s employers. MCL 28.727(1)(f).
7. The name and address of any school being attended by the individual and any school that has accepted the individual as a student that he or she plans to attend. MCL 28.727(1)(g).
8. All telephone numbers registered to the individual or routinely used by the individual. MCL 28.727(1)(h).
9. All electronic mail addresses and instant message addresses assigned to the individual or routinely used by the individual and all login names or other identifiers used by the individual when using any electronic mail address or instant messaging system. MCL 28.727(1)(i).
10. The license plate number, registration number, and description of any motor vehicle, aircraft, or vessel owned or regularly operated by the individual and the location at which the motor vehicle, aircraft, or vessel is habitually stored or kept. MCL 28.727(1)(j).
11. The individual’s driver license number or state personal identification card number. MCL 28.727(1)(k).
12. A digital copy of the individual’s passport and other immigration documents. MCL 28.727(1)(l).
13. The individual’s occupational and professional licensing information, including any license that authorizes the individual to engage in any occupation, profession, trade, or business. MCL 28.727(1)(m).
14. The individual’s fingerprints if not already on file with the police department and the individual’s palm prints. MCL 28.727(1)(q).

• Report to law enforcement updated information WITHIN THREE DAYS AFTER any of the following occurs:

1. The individual changes or vacates his or her residence or domicile. MCL 28.725(1)(a).
2. The individual changes his or her place of employment, or employment is discontinued. MCL 28.725(1)(b).
3. The individual enrolls as a student with an institution of higher education, or enrollment is discontinued. MCL 28.725(1)(c).
4. The individual changes his or her name. MCL 28.725(1)(d).
5. The individual intends to temporarily reside at any place other than his or her residence for more than 7 days. MCL 28.725(1)(e).
6. The individual establishes any electronic mail or instant message address, or any other designations used in internet communications or postings. MCL 28.725(1)(f).
7. The individual purchases or begins to regularly operate any vehicle, and when ownership or operation of the vehicle is discontinued. MCL 28.725(1)(g).

• An individual required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her residence or domicile is located immediately before he or she changes his or her domicile or residence to another state. The individual shall indicate the new state and, if known, the new address. MCL 28.725(6).

• An individual required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her residence or domicile is located not later than 21 days before he or she changes his or her domicile or residence to another country or travels to another country for more than 7 days. The individual shall state the new country of residence or country of travel and the address of his or her new domicile or residence or place of stay, if known. MCL 28.725(7).

• An individual required to register must provide an address for his or her proposed place of residence to the Michigan Department of Corrections or the county sheriff before release from prison or jail. MCL 28.725(3) and MCL 28.725(4).

• When an individual appears to register as required by law (the frequency depends on the tier), he or she must review all registration information for accuracy. MCL 28.725a(4).

• An individual required to be registered under this act shall maintain either a valid operator’s or chauffeur’s license issued under the Michigan vehicle code or an official state personal identification card with the individual’s current address. MCL 28.725a(7).

• An individual registered under this act who is incarcerated shall report to the secretary of state under this subsection immediately after he or she is released to have his or her digitalized photograph taken. Unless the person is a nonresident, the photograph shall be used on the individual’s operator’s or chauffeur’s license or official state personal identification card. MCL 28.725a(8).

• The individual must pay a $50.00 registration fee at initial registry and then annually following the year of initial registration, with the sum of the payments to not exceed $550.00. MCL 28.725a(6).

• The individual required to register is prohibited from residing, working or loitering within 1,000 feet from any building, facility, structure, or real property owned, leased, or otherwise controlled by a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from one through twelve, UNLESS specifically allowed by law. MCL 28.734(1) and MCL 28.735(1).

A sex offender required to register who violates these provisions is subject to additional criminal prosecution that can result in further jail or imprisonment. These provisions are strictly enforced by prosecutors and there is no exception if the sex offender was registering only one day late or was loitering only 950 feet from a school building. Individuals accused of criminal sexual crimes must realize that the requirement to register will extend years, even decades, after the date that you are released from incarceration or discharged from parole. This reality is extremely harsh if the accused is a 15-year old juvenile facing a Tier III offense that can lead to registration for the rest of his or her natural life. Simply being on a public registry will impact the ability of the sex offender to find housing or employment. Before going to trial or accepting any plea bargain, defendants facing these charges should consult with an experienced lawyer to be apprised of all the penalties and consequences of a conviction.

If you are accused of a criminal sexual offense or any other crime, or you have questions about the Michigan sex offender registry, do not hesitate to contact the criminal defense attorneys at Kershaw, Vititoe & Jedinak PLC.