SORA Registration Requirements

SORA Registration Requirements

Do you have to register as a sex offender? What is SORA? What about the collateral consequences of a CSC charge? If you have been charged or convicted of a CSC charge, you may need to officially register as a Sex Offender under the Sex Offender Registration Act (SORA). At Van Den Heuvel Law Office, our attorneys are experienced in defending people, protecting their rights, and helping you navigate the legal system. Being required to register on the sex offenders list is a terrible hardship and may have far-reaching consequences. Call us today to find out how we can help you. You can reach us at (616) 698-0000, or on the web at www.clickforhoward.com.

The requirements of SORA apply to any individual who is:

A. convicted of a listed offense, and

B. within the applicable time period, and

C. who has requisite contact with the state of Michigan.

A

Under the Sex Offender Registration Act (SORA), if you are convicted of CSC (1,2,3, 4), then you must register with the sex offender list.

If any of the following happen to you, then you have been convicted for purposes of the statute:

1. a judgment of conviction or probation order is entered against you in any court, including a tribal court or a military court.
2. you get assigned to youthful trainee status.
3. you have (a-c):
   a. a dispositional order entered publicly against you,
   b. committed the offense when you are at least 14 years old, and
   c. a dispositional order for committing an offense that classifies you as a tier III offender.
4. you have (a-c):
   a. a dispositional order/adjudication in a juvenile matter in another state/country,
   b. committed the offense when you are at least 14 years old, and
   c. a dispositional order or other adjudication for committing an offense that classifies you as a tier III offender.

Under the SORA Act, there are three tiers of offenses, Tier I, Tier II, and Tier III. The tiers are differentiated by how serious the offense is considered to be, how long after a conviction an individual will be required to register, and whether that individual’s personal information will be listed on a website accessible to the general public.

A tier I offender is an individual who is convicted of a single tier I offense and who is not a tier II or tier III offender. MCL 28.722(q). Tier I offenses are set forth in MCL 28.722(r)(i)–(x):

• knowingly possessing child sexually abusive material; public registration is required
• indecent exposure with fondling; public registration is required
• unlawful imprisonment if the victim is a minor; public registration is required
• engaging or offering to engage the services of another person who is less than 18 years of age and who is not their spouse for the purpose of prostitution, lewdness, or assignation
• CSC in the fourth degree as prohibited if the victim is 18 years old or older
• assault with the intent to commit CSC in the second degree if the victim is 18 years old or older
• surveillance of a minor or taking photographic images of a minor, of violating that minor’s privacy by distributing images of the minor: if the victim is a minor; public registration is required
• any other violation of Michigan law or a local ordinance of a municipality, other than a tier II or tier III offense that by its nature constitutes a sexual offense against an individual who is a minor
• an offense committed by a person who was, at the time of the offense, a sexually delinquent person as defined by MCL 750.10a
• attempt to commit or conspiracy to commit a tier I offense
• offense substantially similar to a tier I offense under a law of the United States that is specifically enumerated in 34 USC 20911 (transferred from 42 USC 16911), under a law of any state or any country, or under tribal or military law

A tier II offender is defined as a tier I offender who is subsequently convicted of another tier I offense or an individual who is convicted of a tier II offense who is not a tier III offender. MCL 28.722(s). Tier II offenses are set forth in MCL 28.722(t)(i)–(xiii):

• accosting or soliciting a minor less than 16 years old for immoral purposes
• accosting or soliciting a minor less than 16 years old for immoral purposes, second or subsequent offense
• production of child sexually abusive activity
• distribution of child sexually abusive activity
• use of the Internet to commit a crime against a minor except for a violation arising out of recruiting, inducing, soliciting, or coercing a minor to commit or attempt to commit a felony
• sodomy in violation committed against a minor unless
• the victim consented to the conduct, the victim was between 13-16 years old at the time of the violation, and the individual is not more than 4 years older than the victim or
• the victim consented to the conduct, the victim was 16 or 17 years old at the time of the violation, and the victim was not under the custodial authority of the individual at the time of the violation
• gross indecency between males perpetrated against a victim between 13-18 years old unless
• the victim consented to the conduct, the victim was between 13-16 years old at the time of the violation, and the individual is not more than 4 years older than the victim or
• the victim consented to the conduct, the victim was 16 or 17 years old at the time of the violation, and the victim was not under the custodial authority of the individual at the time of the violation
• gross indecency between females perpetrated against a victim between the ages of 13 and 18 years old unless
• the victim consented to the conduct, the victim was at least 13 years old but less than 16 years old at the time of the violation, and the individual is not more than 4 years older than the victim or
• the victim consented to the conduct, the victim was 16 or 17 years old at the time of the violation, and the victim was not under the custodial authority of the individual at the time of the violation
• gross indecency between males and females perpetrated against a victim 13 years old or older but less than 18 years old unless
• the victim consented to the conduct, the victim was at least 13 years old but less than 16 years old at the time of the violation, and the individual is not more than 4 years older than the victim or
• the victim consented to the conduct, the victim was 16 or 17 years old at the time of the violation, and the victim was not under the custodial authority of the individual at the time of the violation
• recruiting, enticing, harboring, transporting, providing, or obtaining by any means a minor for commercial sexual activity
• solicitation of prostitution if the victim is a minor
• pandering in violation of MCL 750.455
• CSC in the second degree committed against an individual 13 years old or older but less than 18 years old
• CSC in the fourth degree committed against an individual 13 years old or older but less than 18 years old
• assault with the intent to commit CSC in the second committed against an individual 13 years old or older but less than 18 years old
• CSC in the second degree committed against an individual 18 years old or older
• attempt to commit or conspiracy to commit a tier II offense
• an offense substantially similar to a tier II offense under a law of the United States that is specifically enumerated in 34 USC 20911 (transferred from 42 USC 16911), under a law of any state or any country, or under tribal or military law

A tier III offender is defined as a tier II offender who is subsequently convicted of tier I or tier II offense or an individual who is convicted of a tier III offense. MCL 28.722(u). Tier III offenses are set forth in MCL 28.722(v)(i)–(viii) and include the following:

• gross indecency between males perpetrated against a victim less than 13 years old
• gross indecency between females perpetrated against a victim less than 13 years old
• gross indecency between a male and a female perpetrated against a victim less than 13 years old
• kidnapping committed against a minor
• kidnapping a child under 14 years old
• CSC in the first degree unless
• the victim consented to the conduct,
• the victim was between 13-16 years old at the time of the offense, and
• the individual is not more than 4 years older than the victim
• CSC in the third degree unless
• the victim consented to the conduct,
• the victim was between 13-16 years old at the time of the offense, and
• the individual is not more than 4 years older than the victim
• assault with the intent to commit CSC involving a minor unless
• the victim consented to the conduct constituting the violation,
• the victim was between 13-16 years old at the time of the offense, and
• the individual is not more than 4 years older than the victim
• CSC in the second degree committed against an individual less than 13 years old
• assault with the intent to commit CSC in the second degree committed against an individual less than 13 years old
• CSC in the fourth degree committed by an individual 17 years old or older against an individual less than 13 years old
• Attempt to commit or conspiracy to commit a tier III offense
• an offense substantially similar to a tier III offense under a law of the United States that is specifically enumerated in 34 USC 20911 (transferred from 42 USC 16911), under a law of any state or any country, or under tribal or military law

B

The applicable time period: SORA applies to all convictions for listed offenses that occurred on or after October 1, 1995. The act applies also to individuals convicted on or before October 1, 1995, if on October 1, 1995, that individual is:

• on probation or parole,
• committed to jail,
• committed to the jurisdiction of the department of corrections, or
• under the jurisdiction of the juvenile division of the probate court or the department of human services for that offense or
• placed on probation or parole, committed to jail,
• committed to the jurisdiction of the department of corrections,
• placed under the jurisdiction of the juvenile division of the probate court or family division of circuit court, or
• committed to the department of human services after October 1, 1995, for that offense.

Note: If your parole or probation is transferred to Michigan for a qualifying offense, then you must register, if your convictions occurred or your probation was transferred on or after October 1, 1995.

Offenses that require registration are added to the list of qualifying offenses by 1999 PA 85 with an effective date of September 1, 1999.

An individual previously convicted of a listed offense for which they were not required to register must register if that individual is convicted of any other felony on or after July 1, 2011. MCL 28.724(5)

C

Your contacts with Michigan:

a. Michigan resident convicted: SORA registration applies to any individual who is:

• convicted of a listed offense who is domiciled in Michigan,
• temporarily resides in Michigan, works in Michigan (with or without compensation), or
• a student in Michigan. MCL 28.723(1).

b. Michigan resident convicted somewhere else: Individuals convicted of a listed offense in another state or country:

• must register within three business days after becoming domiciled or
• temporarily residing, working, or becoming a student with the state of Michigan. MCL 28.724(6).

c. Nonresident convicted in Michigan: Effective July 1, 2011, nonresidents convicted of a listed offense in Michigan must also register.

• However, the continued reporting requirements do not apply to non-residents. MCL 28.723(3)

Collateral consequences of SORA:

• a. Your housing/residence:
• a. Must report in person to notify your jurisdiction’s registering authority.
• b. If you intend to reside in another place for at least 7 days, then you must report that to your jurisdiction’s registering authority within 3 business days.
• c. You cannot reside less than 1000 feet from school property unless
1. = 19 years old, in school, and residing with a parent
2. = 26 years old, attending special education, and residing with a parent
3. Reside within a student safety zone on Jan. 1, 2006.
• d. You may be evicted based on a violation of a specific lease term regarding criminal activity or on a claim that you pose a safety or welfare risk to other tenants.
• b. Your education:
• a. You must provide the name and address of any school that is being attended and any school that has accepted the individual as a student that they plan to attend.
• b. You must immediately report in person and notify the registering authority having jurisdiction when enrolling or discontinuing enrollment in an institution of higher learning.
• c. Your employment
• a. must provide the name and address of each employer.
• b. must immediately report in person and notify the registering authority having jurisdiction when changing or discontinuing employment.
• c. You may not work within 1000 feet of school property unless:
1. Within the student safety zone on Jan. 1, 2006
2. The school was initially 1000 feet when built until it moved closer to you
3. You intermittently or sporadically enter a student safety zone for purpose of work
• d. If you are a healthcare professional, then your professional license may be suspended or revoked.
• e. If you are a public school teacher, then your salary could be discontinued.
• d. Other consequences:
• a. You cannot loiter in student safety zones
• b. You must report within three business days to your jurisdiction’s registering authority when you make any changes in:
1. Email addresses and Internet identifiers registered to you or that you use.
2. Vehicle registration registered to you or that you use.
• c. You must report in person to notify your jurisdiction’s registering authority when you change your name.

What is required to register?

An individual subject to SORA must provide personal information as part of the registration process. On the conviction for a listed offense, the information gathered by the Michigan State Police includes:

• the legal name; Social Security numbers; date of birth and any dates of birth previously used; and the address where the individual will reside
• the name and address of any place of temporary lodging in which the individual is away, or is expected to be away, from their residence for more than seven days
• the name and address of the individual’s employer,
• the name and address of any school being attended by the individual,
• all telephone numbers,
• all email addresses and Internet identifiers registered to or used by the individual if the individual is required to be registered after July 1, 2011,
• the license plate number and description of any vehicle owned or operated by the individual,
• the individual’s driver’s license number or state personal identification number, including an electronic copy with photograph,
• a digital copy of the individual’s passport or other immigration documents,
• the individual’s occupational and professional licensing information,
• a brief summary of the individual’s convictions for listed offenses regardless of when the conviction occurred,
• a complete physical description of the individual, including a photograph,
• the individual’s fingerprints,
• information required to be reported under MCL 28.724a
• any outstanding arrest warrant information,
• the individual’s tier classification,
• whether a DNA sample has been collected from the individual and any resulting DNA profile has been entered into the federal combined DNA index system,
• the individual’s Michigan Department of Corrections number and status of parole, probation, or supervised release, and
• the individual’s FBI number.

Once the above information is collected, it is maintained in a computerized law enforcement database maintained by the Michigan State Police. The information on this database is available to department posts, local law enforcement agencies, and sheriff’s departments by accessible means.

You will need to pay a $50 registration fee when you originally register, which must be paid annually thereafter when the registered individual first reports. The fee may be prepaid for future years, but doing so does not change the reporting requirement.

Payment of the fee is not required for any person required to register after January 1, 2023. In addition, the sum of amounts required to be paid for registration cannot exceed $550.

Will you be listed on the public sex offender registry website? (if so, how long?)

Under SORA, a considerable amount of the gathered information regarding registered individuals is available to the public on the Michigan Public Sex Offender Registry website maintained by the Michigan State Police.

Individuals convicted of any of the following tier I offenses must be listed on the public website:

• knowingly possessing child sexually abusive material,
• indecent exposure with fondling, if the victim is a minor,
• unlawful imprisonment, if the victim is a minor, and
• surveillance or photographing or distributing images in violation of privacy if the victim is a minor.

Adjudicated juveniles and all remaining tier I offenders are excluded from the public website entirely.

The length of registration is governed by an individual’s tier classification:

• a. Tier I offenders must register for a 15-years period,
• b. Tier II offenders must register for a 25-year period and
• c. Tier III offenders must register for life.

Note: The registration period excludes any period of incarceration or civil commitment.

How often do you need to report and when?

Once registered, individuals subject to SORA must comply with its continual reporting requirements. As with the period of registration, the frequency of reporting is based on the individual’s tier classification, and the reporting month (or months) is based on the month when the individual was born:

• Tier I: 1 time per year
• Tier II: 2 times per year
• Tier III: 4 times per year

What happens when I violate the reporting requirements?

MCL 28.729 sets forth the penalties for willfully violating the reporting or registration requirements of the act.

Penalties range from:

• misdemeanors punishable by imprisonment for not more than 90 days, to
• imprisonment for not more than 10 years.

Potential fines range from:

• $1,000, to
• $10,000, and
• can be assessed in lieu of or in addition to a penalty of imprisonment.

Are you exempt from SORA?

A. Juvenile offenders

Adjudicated juveniles less than 14 years old at the time a listed offense is committed do not have to register under any circumstances.

Juveniles over 14 years old at the time a listed offense is committed are only required to register if adjudicated on a tier III offense.

Further, juveniles who still must register are listed only on the nonpublic database for the duration of their registration periods.

Those juveniles older than 14 years old and adjudicated on a tier III offense may still be able to avoid registration by asserting newly created exemptions if the charged offense and facts of the case meet specific criteria set forth in the act. These are commonly referred to as the "Romeo and Juliet" exemptions.

B. Holmes Youthful Trainee Act

An HYTA defendant must still register as a sex offender if they were assigned HYTA status before October 1, 2004, and a petition has not been granted pursuant to discontinuing registration. Otherwise, an individual who is assigned to and successfully completes a term of supervision under HYTA is not convicted for the purposes of this act.

Several listed offenses are not eligible for HYTA status. These include

• offenses punishable by life in prison,
• CSC in the first degree
• CSC in the second degree
• CSC in the third degree
• CSC in the fourth degree; and
• assault with the intent to commit CSC.

However, certain listed offenses violations are HYTA eligible:

• CSC in the third degree, where the other person is at least 13 years old and under 16,
• CSC in the fourth degree where the other person is at least 13 years old and under 16 and the offender is at least 5 years older than the other person, and
• assault with the intent to commit CSC in the third or fourth degree.

An individual charged with a listed offense and who is otherwise HYTA eligible will be denied HYTA status if that individual has been previously adjudicated on or convicted of a listed offense requiring registration.

Further, an individual otherwise eligible for HYTA status and charged with a listed offense will not receive HYTA treatment, absent a showing by clear and convincing evidence that the individual is not likely to engage in further listed offenses.

The court will also deny HYTA status to an otherwise eligible individual if the court determines that the charged offense involves certain specified factors listed in the CSC statutes.

C. Romeo and Juliet

a. Defendants charged with first-degree criminal sexual conduct, third-degree criminal sexual conduct, or assault with intent to commit criminal sexual conduct are exempt from registration if:

• the victim consented to the conduct,
• the victim was between 13-16 years old at the time of the violation, and
• the offender was not more than 4 years older than the victim.

b. Defendants charged with gross indecency, or sodomy are exempt from registration if either of the following apply:

• the victim consented to the conduct, the victim was between 13-16 years old at the time of the violation, and the offender was not more than 4 years older than the victim; or
• the victim consented to the conduct, the victim was 16 or 17 years old at the time of the violation, and the victim was not under the custodial authority of the offender at the time of the violation.

c. The exceptions apply to both adult and juvenile cases pending or initiated after July 1, 2011. When the criterion of an exemption is met for a specified offense, the offense is no longer considered a listed offense and therefore the registration requirement is not triggered on conviction.

Conclusion:

At Van Den Heuvel Law Office, our Defense Attorneys are experienced in helping people protect their rights. If you have been accused of a criminal sexual crime (CSC), you need an advocate on your side who will actively fight for you. Contact our experienced legal team in Grand Rapids at 616-698-0000 or www.clickforhoward.com.