Being included in the sex offender registration is one of the biggest, most shameful events in anyone’s life. It can leave a big black mark not only on your police record but on your reputation. The best, most compelling way to prevent being on the sexual offender list is to avoid a conviction.
A conviction of public indecency, gross indecency, criminal sexual conduct or other sex crimes can go on your record. How do you deal with it? The best way to do it is to use a powerful, aggressive legal defense against sex crime conviction.
You need an experienced sex crime lawyer to win the entire case for you. Are you in the post-conviction phase of the legal process you’re in right now? Are you looking to learn more about sex offender registration and its intricacies?
In this guide, we’ll provide you a detailed guide regarding sex offender registration. We’ll help you learn details from top to bottom and how a sex crimes attorney in Michigan can help.
What is The Michigan Sex Offender Registration?
The Michigan Sex Offender Registration Act came into establishment in 1994. It was under Public Acts 284, 286, 287, 294, and 355 of 1994. This entire act created the Sex Offender Registry, a database that contains the names of known sex offenders.
In Michigan, if you have a conviction or plead guilty to different types of sex offenses, and you also fall into three different categories, you need to register on the list.
First, if you live in Michigan as a local resident, you need to register. If you work in the state, even without compensation, registration is required of you. If you are a student who studies in Michigan, you also need to register. What the categories mean is that, if you do anything meaningful at all in Michigan, you need to register if you have a conviction for any sex crime.
The registry requires sex offenders in Michigan to register their addresses with local law enforcement. It comes after their conviction but before their sentencing. The list will put you somewhere between 15 years, 25 years or for life, depending on which tier you belong.
After the registration, the offenders need to report to the local law enforcement. That is to help verify their address. Failure to do so results in a penalty misdemeanor.
What are the Three Sex Offender Tiers?
As you noticed, there are three tier levels to the sex offenders’ registry database. Each one corresponds to the type of offense that a sex offender has a conviction for.
- Tier 1 offenses involve any sex offense that a person has a conviction for. It includes conviction by any jurisdiction, local government, or a foreign country for offenses involving minors. The acts include false imprisonment, voyeurism, or possession/receipt of child pornography.
- Tier 2 offenses include 2nd-degree criminal sexual conduct and general physical pedophilia. It includes accosting or baiting a child for immoral purposes and violation of minors, including sexual acts and sodomy, for victims between the ages of 13 and 18.
- Tier 3 offenses include 1st and 3rd-degree criminal sexual conduct, together with gross indecency against minors below 13 years old.
Understanding Romeo and Juliet Exceptions
In Michigan, there is a statutory rape exception known as Romeo and Juliet exceptions. This exception excludes people from this list. These divide into three categories: sodomy, gross indecency, and tier three offenses.
The entire Romeo and Juliet exception can fill an entire article with its details, but here are quick facts.
To be eligible for this exception, two details need fulfillment. The first detail would be for victim to consent to the act willingly, even if they were minors. The second would be that the victim and offender should have an age gap of no more than four years.
You would need to prove these details in a hearing. There are many more details to this exception, including the offender is 16 or 17 at the time of the violation.
Work with an Experienced Sex Crime Lawyer Now
If you think that you have qualifications that fit the Romeo and Juliet exception, the right move is to call for a hearing. Talk to an experienced sex crimes attorney to handle the appropriate procedure for you. The best way to not go into the registry is to prevent any type of conviction in a sex crime. To make this possible, it’s best to start with hiring an experienced sex crime lawyer.
The Clark Law Office is your best bet for the best criminal defense in Lansing. Schedule an appointment today, and see the difference in our topnotch services.