Sex Offender Registration in Michigan

Sex Offender Registration in Michigan

The New Michigan Law & Sex offender Registry Act "SORA".

Presently, all listed offenses are classified in the form of a tier system. These tiers are based on the how serious the offense the person was convicted of, the time length of required registration, and whether the registered person’s personal information will be listed on a website for public viewing.

Tier I offender is an individual who is convicted of a single tier I offense and who is not a tier II or tier III offender. See MCL 28.722(s)(i)–(ix):

  • knowingly possessing child sexually abusive material as prohibited by MCL 750.145(c)(4)
  • indecent exposure with fondling as prohibited by MCL 750.335a(2)(b) if the victim is a minor
  • unlawful imprisonment as prohibited by MCL 750.349b if the victim is a minor;
  • CSC in the fourth degree as prohibited by MCL 750.520e if the victim is 18 years old or older
  • assault with the intent to commit CSC in the second degree as prohibited by MCL 750.520g(2) if the victim is 18 years old or older;
  • surveillance, photographing, or distributing images in violation of privacy as prohibited by MCL 750.539j if the victim is a minor;
  • any other violation of Michigan law 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;
  • an offense committed by a person who was, at the time of the offense, a sexually delinquent person as defined by MCL 750.10a;
  • attempt or conspiracy to commit a tier I offense;
  • offense substantially similar to a tier I offense 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;

Under the Tier II offender is defined as a tier I offender who is subsequently convicted of another tier I offense or an individual who is convicted of a tier II offense who is not a tier III offender. Tier II offenses are listed under MCL 28.722(u)(i)–(xii):

  • accosting or soliciting a minor less than 16 years old for immoral purposes in violation of MCL 750.145a;
  • accosting or soliciting a minor less than 16 years old for immoral purposes, second or subsequent offense, in violation of MCL 750.145b;
  • production of child sexually abusive activity in violation of MCL 750.145c(2);
  • distribution of child sexually abusive activity in violation of MCL 750.145c(3);
  • use of the Internet to commit a crime against a minor in violation of MCL 750.145d(1)(a) except for a violation arising out of MCL 750.157c;
  • gross indecency between males and females in violation of MCL 750.338b committed against an individual 13 years old or older but less than 18 years old unless the victim consented to the conduct constituting the violation, the victim was at least 13 years old but less than 16 years old at the time of the violation, and the individual is not more than 4 years older than the victim or the victim consented to the conduct constituting the violation, the victim was 16 or 17 years old at the time of the violation, and the victim was not under the custodial authority of the individual at the time of the violation;
  • solicitation of prostitution in violation of MCL 750.448 if the victim is a minor;
  • pandering in violation of MCL 750.455;
  • CSC in the second degree in violation of MCL 750.520c committed against an individual 13 years old or older but less than 18 years old
  • CSC in the fourth degree in violation of MCL 750.520e committed against an individual 13 years old or older but less than 18 years old
  • assault with the intent to commit CSC in the second degree in violation of MCL 750.520g(2) committed against an individual 13 years old or older but less than 18 years old;
  • CSC in the second degree in violation of MCL 750.520c committed against an individual 18 years old or older;
  • attempt or conspiracy to commit a tier II offense;
  • an offense substantially similar to a tier II offense under a law of the United States that is specified under 42 USC 16911.

With a Tier III, an offender is defined as a tier II offender who is subsequently convicted of a tier I or tier II offense or an individual who is convicted of a tier III offense. MCL 28.722(v)(i)–(ii). Tier III offenses are listed in MCL 28.722(w)(i)–(viii) and include the following:

  • gross indecency between males in violation of MCL 750.338 committed against an individual less than 13 years old;
  • gross indecency between females in violation of MCL 750.338a committed against an individual less than 13 years old;
  • gross indecency between a male and a female in violation of MCL 750.338b committed against an individual less than 13 years old;
  • kidnapping in violation of MCL 750.349 committed against a minor;
  • kidnapping a child under 14 years old in violation of MCL 750.350;
  • CSC in the first degree in violation of MCL 750.520b unless the victim consented to the conduct constituting the violation, the victim was at least 13 years old but less than 16 years old at the time of the offense, and the individual is not more than 4 years older than the victim;
  • CSC in the third degree in violation of MCL 750.520d unless the victim consented to the conduct constituting the violation, the victim was at least 13 years old but less than 16 years old at the time of the offense, and the individual is not more than 4 years older than the victim;
  • assault with the intent to commit CSC involving penetration in violation of MCL 750.520g(1) unless the victim consented to the conduct constituting the violation, the victim was at least 13 years old but less than 16 years old at the time of the offense, and the individual is not more than 4 years older than the victim;
  • CSC in the second degree in violation of MCL 750.520b committed against an individual less than 13 years old;
  • assault with the intent to commit CSC in the second degree in violation of MCL 750.520g(2) committed against an individual less than 13 years old;
  • CSC in the fourth degree in violation of MCL 750.520e committed by an individual 17 years old or older against an individual less than 13 years old;
  • attempt or conspiracy to commit a tier III offense;
  • an offense substantially similar to a tier III offense under a law of the United States that is specified in 42 USC 16911.

A person is considered to be convicted for purposes of SORA if any of the following occur:

1. A judgment of conviction or probation order entered in any court having jurisdiction over criminal offenses as listed (see above), including, but not limited to, a tribal court or a military court;

2. A conviction set aside under MCL 780.621–.624, id.;

3. Assignment to youthful trainee status under MCL 762.11–.15 before October 1, 2004, unless a petition was granted under MCL 28.728c, at any time allowing the individual to discontinue registration under this act, including a reduced registration period that extends to or past July 1, 2011, regardless of the tier designation that would apply on and after that date, MCL 28.722(b)(ii)(A);

4. Assignment to youthful trainee status under MCL 762.11–.15 before October 1, 2004, if the individual is convicted of any other felony on or after July 1, 2011, MCL 28.722(b)(ii)(B);

5. An order of disposition entered under MCL 712A.18 that is open to the general public under MCL 712A.28 if the individual is 14 years old or older at the time of the offense and the order of disposition is for the commission of an offense that would classify the individual as a tier III offender, and an order of disposition or other adjudication in a juvenile matter in another state or country if the individual is 14 years old or older at the time of the offense and the order of disposition or other adjudication is for the commission of an offense that would classify the individual as a tier III offender, MCL 28.722.

Registrations Requirements:

Once required to register, an offender must provide a voluminous amount of personal information as part of the registration process. The information by the Michigan State Police includes:

a. The legal name, aliases, nicknames, ethnic or tribal names, Social Security number, date of birth, and the address where the individual will reside;

b. 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 of her residence for more than seven days including the dates the lodging is used or to be used;

c. The name and address of the individual’s employer, including a contractor or any individual who has agreed to hire or contract with the individual for his or her services;

d. the name and address of any school being attended by the individual, including the name and address of any school the individual as a student and that the individual plans to attend;

e. All telephone numbers registered to or routinely used by the individual;

f. all e-mail addresses and instant message addresses assigned to or routinely used by the individual, including all login names or other identifiers used by the individual when using any e-mail address or instant messaging system;

g. the license plate number, registration number, and description of any motor vehicle, aircraft, or vessel owned or operated by the individual and the location where the motor vehicle, aircraft, or vessel is habitually stored or kept;

h. the individual’s driver’s license number or state personal identification number including an electronic copy with photograph;

i. A copy of the individual’s passport or other immigration documents;

j. The individual’s occupational and professional licensing information, including any license that authorizes the individual to engage in any occupation, profession, trade, or business;

k. A brief summary of the individual’s convictions for listed offenses regardless of when the conviction occurred, including where the offense occurred and the original charge if the conviction was for a lesser offense; the text of the provision of the law that defines the criminal offense for which he or she is registered; and the individual’s complete criminal history, including the dates of all arrests and convictions;

l. A complete physical description of the individual, including a photograph;

m. the individual’s fingerprints if not already on file with the department and the individual’s palm prints; these prints must be forwarded to the Federal Bureau of Investigation (FBI) if not already on file with them;

n. information required to be reported under MCL 28.724a, including the individual’s status as a student or an enrollee at a Michigan institution of higher education;

o. Any outstanding arrest warrant information;

p. The individual’s tier classification;

q. whether a DNA sample has been collected from the individual and any resulting DNA profile has been entered into the federal combined DNA index system;

r. the individual’s Michigan Department of Corrections number and status of parole, probation, or supervised release; and

s. the individual’s FBI number.

Once the above information is collected, it is maintained in a computerized law enforcement database at the Michigan State Police. The information on this database is available to a department post, local law enforcement agencies, and sheriff’s departments.

Petition To Be Removed - Court Procedure

To request a review of the registration requirement, the registrant person must file a petition with the court and follow the procedure outlined in MCL 28.728c, which is the only way an individual may request a judicial review of his or her registration requirements under this act.”

The petition must be filed in the court where the individual was convicted, such as the Oakland County Circuit Court, Macomb County Circuit Court, Livingston County Circuit Court, Washtenaw County Circuit Court. A person required to register is not permitted to file a petition if a previous petition was filed and denied under this section by the court after a hearing. The Petition must:

  • be made under oath and include the name and address of the petitioner (the person required to register);
  • the offense for which the petitioner is requesting to discontinue registration; and
  • whether the individual was previously convicted of a listed offense requiring registration under the act. MCL 28.728c(5).

If the petition is filed correctly, the court must conduct a hearing under law. You can petition the court yourself or hire a Michigan Sex Crime Attorney to do it for you. It is always best to hire a sex crime attorney to see if you are eligible to be removed or modification to your existing registration requirements.

Additional Information

Whether you have been charged with a sex crime or simply think you may be, your situation is serious and requires some serious help from an experienced criminal defense attorney who will take an aggressive approach to your case. All of the states now require persons convicted of certain sex crimes to register as sex offenders. This creates victims not only of the offenders who must register, which makes it difficult to find work, or a place to live, but also of their families. Their homes may be subject to harassing drive-bys, and spouses sometimes receive threatening phone calls or anonymous letters.

As a result of my years working in the Metro-Detroit area criminal court system, I understand and take a non-judgmental approach with those accused of a sex offense. Call us for a free consultation.

Attorney Daniel D. Hajji & Associates