In Michigan, registered sex offenders are placed into one of three Tiers. The Tiers determine the length and frequency of a person’s registration. Tier placement is based solely on the sex offense for which a person was convicted or adjudicated. Tier 1 is reserved for what the state considers to be low-level offenders, Tier 2 is for allegedly mid-level offenders, and Tier 3 is for supposed high-risk offenders. As a defense attorney, I know that Tier classification is certainly not a reflection of a person’s character or the events that led to the conviction.
Until recently, all registered sex offenders with a single Tier 1 offense were not listed on the Public Sex Offender Registry website. Those Tier 1 offenders still had to abide by all the restrictions that come with being on the sex offender registry, but they were afforded some privacy because the government considers them to be the least serious offenders. One of my legal practice areas is to try to get people off the sex offender registry, and I have not spoken with one registered sex offender who enjoys being listed on the public sex offender website.
However, Governor Snyder recently signed into law Senate Bill 44 of 2013. This bill requires that certain Tier 1 offenders—with offenses involving minors—be listed on the public sex offender website.
Tier 1 offenders convicted of the following offenses will be listed on the online public sex offender registry
- Possession of child sexually abusive material (kiddie porn)
- Indecent exposure with self-fondling in front of a minor
- Unlawful imprisonment/restraint of a minor
- Surveillance of or distribution, dissemination, or transmission of a recording or image of a minor with the reasonable expectation of privacy
- A substantially similar offense to the offenses described above under the laws of another jurisdiction
The rationale given for this change is:
“By their nature and inexperience, children make easy targets for predators. Though Tier I offenses are for lower level sexual offenses that do not include rape or sexual contact, certain behaviors such as child pornography, indecent exposure involving fondling, and peeping sometimes precede more serious and predatory conduct. It could be argued, therefore, that allowing public access to information about even low level, first-time sexual offenders who targeted children could enable parents and community members to exercise a little more caution and oversight regarding interaction between these offenders and children.”
As an attorney who represents people on the Michigan sex offender registry, I am disappointed that this law will soon be taking effect. The whole point of categorizing an offense as Tier 1 is because the legislature determined that the offense was not serious enough to warrant placement on the public website.
If I can share my personal feelings about the sex offender registry for one moment, I actually feel like the registry website in general is unnecessary and unfair. The general public has no idea how to determine by looking at the website what an offender actually was accused of doing that landed them on the registry. Many times, the sex crime convictions are based on accusations that are nothing like what the public imagines when they read the SORA. Studies have been conducted that determine that the recidivism rate for sex crimes is not lowered simply because of the existence of a public website. Placement on the public website leads to humiliation, embarrassment, and harassment by others.
Additionally, if a registered offender doesn’t meticulously follow the laws regarding verification of information, he or she can be charged with a felony crime. This traps people in the criminal justice system for many years. As a society, we should be helping people get out of trouble rather than continue to punish them for a momentary lapse of judgment or false conviction.
Stephanie M. Service is a criminal defense attorney at the law firm of The Kronzek Firm PLC. She is knowledgeable about Michigan’s firearms laws, including restoration of gun rights. She practices criminal defense throughout Michigan.