What Is a Tier 1 Sex Offender?
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 required to register as a tier I sex offender, especially if the offense committed is less serious.
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 ranks convicted sex offenders in a tiers system. Of all the three tiers, tier one includes the least serious conspiracy to commit sexual activity or sex offenders, such as individuals convicted of possession of child pornography and aggravated indecent exposure.
Listed Sex 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). However, that’s not the only crime that identifies a registrant as a tier I sex offender.
Other tier one 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 § 750.10a
- Fourth or Third Degree Criminal Sexual Conduct (CSC) against a victim aged 18 or older under Mich. Comp. Laws § 750.520e
- Unlawful imprisonment or restraint of a minor
- Aggravated indecent exposure with self-fondling in front of a child under Mich. Comp. Laws § 750.355a(2)(b)
- Voyeurism if the victim is a minor under Mich. Comp. Laws § 750.539
- Assault with intent to commit Second Degree Criminal Sexual Conduct (CSC) under Mich. Comp. Laws § 750.5520g(2)
- Engaging or offering to engage a person under the age of 18 for prostitution under Mich. Comp. Laws § 750.449a(2)
- Unlawful imprisonment if the other person is a minor under Mich. Comp. Laws § 750.349b
- 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 offense or a tier III sex offense that is a sexual offense against a minor by its nature.
Getting Your Name Removed From The Public 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 convicted 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 registered under Michigan’s Sex Offender Registry Act before July 1, 2011, but 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 offender 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 what is a tier 1 sex offender, and help you understand how you have your name removed from the registration.
Legal Ramifications Of Being A Tier I Sex Offender
The consequences of being a tier one sex offender do not end with having some of your personal information made public for everyone to see. Usually, tier one 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 one sex offender may lead to a fine of up to $10,000 and not more than ten years in prison – Mich. Comp. Laws § 28.729.
Besides, registrants will have to notify a law enforcement agency every time they plan to travel. For instance, an offender 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.
Talk To A Skilled Michigan Sex Crimes Defense Attorney
Whether your offenses forced you to register as a tier I, tier III, or tier II 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 at Blank Law, PC is ready to help. Contact us online or call us at 248-505-5929 today to book a free initial consultation.