What Is a Tier 3 Sex Offender?
Sexual abuse, rape, child pornography, and other sex crimes are not uncommon in Michigan. For that reason, sex offenses are taken very seriously by Michigan police and prosecutors, meaning those accused of sexual offenses can face devastating consequences upon conviction.
Much like the federal law, state law in Michigan requires individuals convicted of certain sex crimes to register with the state law enforcement. Under Michigan’s Sex Offenders Registration Act (SORA), registered sex offenders are divided into three tiers, namely: Tier 1 sex offenders, Tier II sex offenders, and Tier III sex offenders. Each tier has its unique description and has different reporting requirements.
What Is A Tier 3 Sex Offender?
Compared to a tier 1 sex offender or tier II sex offender, a tier III sex offender often includes Michigan individuals convicted of more serious sex crimes. These include rape, attempt or conspiracy to commit rape, kidnapping a minor, and molesting a child under the age of 13.
Listed Offenses Under Tier Three
The following are some examples of the sex crimes listed under tier three as per Mich. Comp. Laws § 28.722(w):
- Second Degree Criminal Sexual Conduct against a minor younger than 13 under Mich. Comp. Laws section 520g(2)
- Assault with attempt or conspiracy to commit penetration (CSC 1st or 3rd degree) under Mich. Comp. Laws § 750.520g(1)
- 3rd Degree Criminal Sexual Conduct under Mich. Comp. Laws section 520d
- 1st Degree Criminal Sexual Conduct (rape or other forced sexual penetration) under Mich. Comp. Laws § 520b
- Gross indecency against a minor below 13 years as per Mich. Comp. Laws § 338, Mich. Comp. Laws section 750.338a, and Mich. Comp. Laws section 750.338b
- Enticing a minor below 14 with the intent to detain or keep the child away from his or her parent, adoptive parent, or guardian under Mich. Comp. Laws § 350
- Kidnapping if the other person was a minor under Mich. Comp. Laws § 349
- Criminal Sexual Conduct Fourth Degree if the person is 17 years or older and the other person is a minor below 13 years of age under Mich. Comp. Laws § 520e
- Criminal Sexual Conduct Second Degree under Mich. Comp. Laws § 520c
Consequences Of Registering As A Tier III Sex Offender In Michigan
Restrictions on lifestyle
One of the major ramifications of registering as a tier III sex offender in Michigan is that your information will remain public for life. That means you’ll have to deal with bias, prejudice, and intolerance wherever you go.
As a tier 3 sex offender, you may also be required to remain within a certain distance of gathering places for minors, such as playgrounds, daycare centers, schools, and parks. Not only will being a registered sex offender lead to decreased privacy, but it may also affect your ability to work or find a place to live.
Possible loss of child custody
Regardless of the sex crime you were convicted for (no mater if it’s as a tier 1 sex offender, tier ii sex offense or tier iii sex offense), it’s not unusual for your ex to use the sex offender label against you. They may argue that you pose a serious danger to your own kid and use your sex offender registration as a ground to deny you custody or visitation of your children.
Tier III convicted sex offenders must register on the sex offender registry and verify their personal information four times a year. In simple terms, tier-three sex offenders report in-person to a law enforcement authority between the 1st and 15th of January, April, July, and October of every year.
Being a tier III sex offender comes with serious travel restrictions and limitations. For instance, it can be quite inconvenient for tier III registerd sex offenders to travel on the dates when they are required to report in-person to a law enforcement authority.
Besides, a registered sex offender cannot make interstate travels for more than a week without notifying the law enforcement agency within three days before the travel dates. Similarly, the sex offender must notify the authorities 21 days prior to any international travels.
Getting Removed From Michigan’s Sex Offender Registry
Being required to register as a sex offender, even if your registration is temporary, can have a serious impact on your quality of life. Luckily, you may be able to have your name removed from the sex offender registry under certain conditions.
For instance, Tier 3 sex offenders who were adjudicated as juveniles below 17 years may qualify to have their details removed from the public sex offender registry. However, the sex offender must have successfully completed their sentence, and 25 years have passed since conviction.
It’s critical to bear in mind that qualifying to file a petition doesn’t mean that you’ll have your name removed from the sex offender registry. The court must review several factors to establish whether you pose any threat to society. Some of these factors include:
- The possibility that you may commit other offenses in the future
- The impact statement from the victim, if provided
- The severity and nature of the offense committed
- The age and maturity level of the victim at the time the offense was committed
- Your age and maturity level when you committed the offense
- Any other relevant factors
Why You Need A Criminal Defense Attorney If You Get Arrested For A Sex Offense
Being arrested for a sex-related crime can have a devastating impact on your life. Even an allegation that you committed an act of sexual abuse can stain your life and affect your job or personal relationships with co-workers, friends, and even family members.
For that reason, you owe it to yourself to hire an experienced sex crimes defense attorney. A dependable lawyer can help you understand what is a tier 3 sex offender. Better still, your sex offender attorney can work with you to have your sex crime charge (whether it’s state or federal) dismissed, get acquitted at trial, or have your sex offender charge or sex offender penalties reduced.
Hire Blank Law, PC
If you or a loved one has been arrested for, charged with, or convicted of a sex offense in Michigan, it would be a very good idea to retain legal counsel from a dependable sex offender attorney. Blank Law, PC has experience fighting all manner of sex crimes (from criminal sexual conduct, to child pornography, to solicitation of a minor, and so on) and can ensure that you comply with all the legal procedural requirements so you can receive the most favorable outcome possible. Contact us online or give us a call today at 248-505-5929 for your free consultation.