What is a Tier 2 Sex Offender?
Since the Adam Walsh Act was enacted into law, Michigan has been classifying registered sex offenders (people listed on the sex offender registry) in three different levels – Tier I sex offender, Tier II sex offender, and Tier III sex offender.
Tier I sex offenders are associated with a less serious sex offense, while the most serious sex offenses fall into Tier III sex offenders.
Under Michigan’s Sex Offender Registration Act (SORA), tier levels are determined by:
- The specific sex offense committed
- The age of the sex offender and the victim involved
- The possibility of the perpetrator committing the very same sex offense again
If you are not familiar with Michigan’s sex offender tier system, keep reading to discover the meaning, listed crimes, and the consequences of being a Tier II sex offender.
While you may not have had a sex crime conviction yet, understanding what this tier entails can help you handle the situation better should you face a sex crime charge.
What is a Tier 2 Sex Offender?
Unlike a Tier 1 sex offender, a Tier II sex offender is often convicted of relatively serious sex offenses, such as soliciting a prostitute under 18 years, sex trafficking and distributing child pornography.
Listed Offenses Under Tier Two
Tier Two listed offenses Under Mich. Comp. Laws § 28.722(u) include all of the following:
- Distributing or promoting child sexual abuse material under Mich. Comp. Laws § 145c(3)
- Accosting, enticing, or soliciting a minor aged 16 and below for immoral purposes Mich. Comp. Laws § 145a
- Soliciting a minor aged 16 and below for an immoral purpose second offense under Mich. Comp. Laws § 145b
- Offense against nature of sodomy, if the victim is under 18, but older than 13, under Mich. Comp. Laws § 158
- Assault with intent to commit second degree criminal sexual conduct (CSC 2nd degree) if the victim is older than 13, but younger than 18, under Mich. Comp. Laws § 520c
- Gross indecency between females and males if the other person was aged between 13 and 18 at the time of the violation
- Gross indecency between females under Mich. Comp. Laws § 338b if the victim is a minor younger than 18, but older than 13
- Gross indecency between males under Mich. Comp. Laws § 338 if the other person was aged between 13 and 18
- Procuring or conspiracy to commit the crime of procuring a person for prostitution under Mich. Comp. Laws § 455
- Soliciting prostitution or any criminal sexual activity if the victim was a minor under Mich. Comp. Laws § 448
- The use of a minor for commercial aggravated sexual abuse activity under Mich. Comp. Laws § 462e
- Creating child pornography, producing child pornography, or financing of child pornography under Mich. Comp. Laws § 145c(2)
- Second and fourth degree criminal sexual conduct (CSC 2nd and 4th degree) under Mich. Comp. Laws § 520c and Mich. Comp. Laws § 520e
- Other offenses substantially similar to a Tier Two crime that is listed under federal law 42 USC 16911
Consequences of Registering as a Tier II Sex Offender in Michigan
For the most part, a Tier IIsex offender must register as a sex offender.
Being required to register as a Tier II sex offender often comes with extreme restrictions, making it hard for a registered sex offender to get a job, find apartments for rent, spend time with their families, or even travel.
Besides the initial sex offender registration, Tier II sex offenders will be required to register in-person to a law enforcement agency and verify their personal information twice a year. That is, between the 1st and the 15th of January and July of each year.
While that may not seem like a big deal, it can be inconvenient if you have any interstate or international travel plans coming on those dates.
Getting Removed from Michigan’s Sex Offender Registry
Certainly, it is possible. With that said, for a Tier II sex offender to remove their name from the registry, they must meet the minimum requirements.
For instance, you may be eligible to petition for removal from Michigan’s SORA if your conviction involved a consensual, also known as “Romeo and Juliet,” sex offense relating to abusive sexual contact.
In this case, your eligibility to petition for removal will be determined by several factors, including:
- The victim was at least 13 years of age, but under 16
- You were not in a position of power over the victim
- There was no more than a four-year age difference between you and the victim
Even though certain registered sex offenders are eligible to request removal from Michigan’s SORA, the process involved isn’t always easy.
That is why it’s always a good idea to contact a Michigan criminal defense attorney that specializes in criminal sexual activity crimes if you or someone you love is facing allegations or has been arrested for a sex offender/criminal sexual activity crime (no matter if it’s a Tier I, Tier II or Tier III sex offender offense).
Hire Blank Law, PC
Being accused of a sexual offense, or of being a Tier II sex offender, is devastating enough, but the implications of a conviction can be quite life-altering.
Whether or not your conviction was unwarranted, being a registered sex offender, regardless of the tier you’re at, can affect every aspect of your life.
Luckily, all is not lost if you have been convicted of a sex crime in Michigan. With a dependable Michigan criminal defense attorney, it is possible to remove your name from the sex offender registry.
Consulting with a sex offender lawyer in the initial stages of your case will help you understand your legal rights and options when still under investigation or immediately after arrest. More importantly, your criminal defense attorney will look at all sides of the story of your sex offender charge — and ensure that you get the most favorable outcome.
If you or a loved one has been arrested for a sex crime in Michigan, it is critical to consult a sex crimes defense lawyer as soon as possible to discuss your case.
Our sex offender lawyer, Nicole Blank Becker, at Blank Law, PC has over 20 years of experience as both a prosecutor and a defense attorney. That means you can count on her to develop the most effective defense arguments to challenge whatever evidence the prosecutors have against you.
Give us a call today at 248-515-6583 if you’d like our attorney to explain in detail what is a Tier 2 sex offender. The sooner you contact us; the sooner our sex offender lawyer will start building a strong case on your behalf.