What is a Tier 1 Sex Offender?
Sex offenses are a serious issue in Michigan. In fact, Michigan’s sex offender registry records over 2,000 new sex offenders each year.
With this knowledge, the state of Michigan takes a tougher stance on perpetrators of sex crimes.
That means anyone accused of, arrested for, charged with, or convicted of a sex offense will face severe consequences. These often include incarceration, fines, and requires classifying sex offenders to register as Tier I sex offenders, Tier II sex offenders, or Tier III sex offenders.
Whether you are under investigation or have already been arrested for a sexual offense, it’s important to note that the sex offender label can really ruin your reputation for many years, or even life.
That’s why you need to contact a dependable sex crime defense attorney before it’s too late.
What is a Tier 1 Sex Offender?
The state of Michigan divides sex offenders in a tiers system. Of all the three tiers, Tier 1 includes the least serious conspiracy to commit sexual activity for sex offenders, such as individuals convicted of possession of child pornography and aggravated indecent exposure.
Listed Offenses Under Tier One
The most common of sexual offenses under Tier 1 is the possession of child pornography, as per Mich. Comp. Laws § 750.145c(4). With that said, that’s not the only sex crime that identifies sex offender registries as Tier 1 sex offenders.
Other Tier 1 sex offenses, as listed in Mich. Comp. Laws § 28.722(s), include the following:
- A sex offense committed by anyone who is sexually delinquent under Mich. Comp. Laws § 10a
- Fourth or third degree criminal sexual conduct (CSC) against a victim aged 18 or older under Mich. Comp. Laws § 520e
- Aggravated indecent exposure with self-fondling in front of a child under Mich. Comp. Laws § 355a(2)(b)
- Voyeurism if the victim is a minor under Mich. Comp. Laws § 539
- Assault with intent to commit second degree criminal sexual conduct (CSC) under Mich. Comp. Laws § 750.520g(2)
- Engaging or offering to engage a person under the age of 18 for prostitution under Mich. Comp. Laws § 449a(2)
- Unlawful imprisonment if the other person is a minor under Mich. Comp. Laws § 349b
- Any violation substantially similar to a Tier 1 offense that is specifically listed in federal law 42 USC 16911
- Any other violation of Michigan law or a local ordinance of a municipality that is not a Tier II sex offender or a Tier III sex offender offense, but is a sexual offense against a minor by its nature.
Consequences of Registering as a Tier I Sex Offender in Michigan
The consequences for Tier 1 sex offenders do not end with having some personal information made public for everyone to see.
Usually, Tier 1 sex offenders must report in-person to a law enforcement authority and verify their information every year between January 1st and the 15th. You must register, because failure to register or update your information as a Tier 1 sex offender may lead to a fine of up to $10,000 and not more than ten years in prison, per Mich. Comp. Laws § 28.729.
On top of all that, registrants will have to notify a law enforcement agency every time they plan to travel.
For instance, Tier 1 sex offenders traveling locally for more than seven days will have to report their travel plans within three days before the travel date. Similarly, sex offenders traveling outside the United States must notify the law enforcement authority within 21 days before the travel date.
Getting Removed from Michigan’s Sex Offender Registry
Registered sex offenders often have trouble spending time with their families, finding apartments for rent, or getting a job.
Luckily, for some that must register, it may be possible to be removed from the registry.
Here are several factors that determine the eligibility to get removed from the sex offender registry:
- You were a convicted sex offender for a crime listed in sections (s), (u), or (w) of Mich. Comp. Laws § 28.722 as a juvenile aged less than 14 years at the time of the offense
- You were a registered sex offender under Michigan’s Sex Offender Registry Act before July 1, 2011, but sex offender registration is no longer required
- You were convicted of a crime listed in sections (s), (u), or (w) of Mich. Comp. Laws § 28.722, and the offense resulted from consensual sexual contact between you and the victim
- You are a Tier I sex offender, and you were convicted as an adult. In this case, you must have successfully completed your sentence and more than 10 years have passed since your conviction; you must also provide any documentation that shows you are not considered a threat to society
It is important to note that meeting any of the above scenarios does not automatically guarantee that you’ll get your name removed from the PSOR. Factors, such as completing a sex offenders treatment program, may also be taken into account when approving your petition.
Given the breadth and complexity of sex crime laws in Michigan, it’s critical to contact a criminal defense attorney as soon as you get arrested for or accused of a sex-related offense.
The right lawyer will help you decipher the complex tiers laws, explain in detail the differences of the three tiers, and describe what exactly Tier 1 sex offenders are, along with helping you understand how you have your name removed from the sex offender registration.
Hire Blank Law, PC
Whether your offenses forced you to register as a Tier I sex offender, Tier II sex offender, or Tier III sex offender, escaping the stigma of a past sex offense in Michigan can be difficult, but that does not mean it’s impossible.
With a dependable sex crimes defense lawyer on your side, it is possible to shed of the repercussions that come with a sex crime conviction, or avoid a conviction altogether.
If you have been accused of, arrested for, or are under investigation for a sex-related offense in Michigan, the sex crime defense attorney Nicole Blank Becker at Blank Law, PC is ready to help.
Contact us online or call us at 248–515–6583 today to book a free initial consultation.