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MICHIGAN SEX OFFENDER REGISTRATION LAWS

ACT 295 of 1994 (as amended)

 

MICHIGAN STATE POLICE

Public Sex Offender Registry (PSOR)

 

 

 

GENERAL INFORMATION:

Registration Fee:

·            All registered individuals MUST pay a one-time registration fee of $35.

·            If you do not have the money and you can prove that you are indigent (unable to pay), the registration fee shall be temporarily waived (for up to 90 days). The burden is on you to prove indigence to the satisfaction of the local law enforcement agency, sheriff's department, or department post where you are reporting. You have 90 days in which to pay the fee or face a penalty (see below).

 

Proof of Residence:

·            If you are required to be registered under this act you shall maintain either a valid operator's or chauffeur's license, or an official state personal identification card displaying your current address.

·            PRIOR to verifying your new address with a law enforcement agency, update your driver’s license or State ID card at any Secretary of State office.

 

Pictures on the internet database:

·            Starting May 1, 2005 the public internet registry will display pictures, only for those who are to be displayed on the public registry (PSOR).

·            Pictures will be obtained from the Secretary of State.


 CRIMES REQUIRING REGISTRATION:

Misdemeanor Listed Offenses (register 1 time a year, every January 1-15, for 25 years):

750.145A                      Children – Accosting for Immoral Purposes (conviction prior to 6/1/02)

750.145C(4)                 Child Sexually Abusive Commercial Activity (conviction prior to 4/1/03)

750.167(1)(f)*              Disorderly Person – Obscene Conduct

750.335A*                   Indecent Exposure

750.448                       Soliciting to commit prostitution

* Three convictions of 750.167(1)(f), three convictions of 750.335A, or a combination of three convictions of both offenses will then require registration as a sex offender.

 

Felony Listed Offenses (register 4 times a year, the 1st through the 15th of every January, April, July and October, for 25 years OR life, depending on what the plea was):

750.145A                      Children – Accosting for Immoral Purposes (conviction after 6/1/02)

750.145B                      Children – Accosting for Immoral Purposes, 2nd offense

750.145C(2) & (3)         Child sexually Abusive Commercial Activity (lifetime registration)

750.145C(4)                 Child Sexually Abusive Commercial Activity (conviction after 4/1/03)

750.158*                      Sodomy

750.338*                      Gross indecency between male persons

750.338A*                   Gross indecency between female persons

750.338B*                    Gross indecency between male and female persons

750.349*                      Kidnapping (lifetime registration if the victim is between 14-17 years old)

750.350                       Child kidnapping (lifetime)

750.455                       Pandering

750.520B                     Criminal Sexual Conduct 1st degree (lifetime registration)

750.520C                     Criminal Sexual Conduct 2nd degree (lifetime registration if the charge is 750.520C(1)(a))

750.520D                     Criminal Sexual Conduct 3rd degree

750.520E                     Criminal Sexual Conduct 4th degree

750.520G                     Assault with attempt to commit CSC

750.10A                        Sexually delinquent person

* Applies only to offenses where the victim is under 18 years of age.

This list also includes an attempt and/or conspiracy to commit any of the above offenses.

NOTE: Any other violation of a law of this state or local ordinance of a municipality that by its nature constitutes a sexual offense against an individual who is less than 18 years of age, will require you to register as a sex offender.

NOTE: Criminal Sexual Conduct 4th degree; misdemeanor, is a “Listed Felony Offense” for registration purposes and, as such, requires registering 4 times a year, the 1st through the 15th of every January, April, July and October .

 

                                                                                                                       

REGISTRATION STEPS

 

Important Notes to registrant:

·            ALWAYS get a copy of anything you sign or initial when you register. It is REQUIRED BY LAW that you receive a copy of everything you put your signature on!

·            Make sure, if there is a BACK to any form you sign, that you also get a copy of it!

·            Keep ALL copies of registration forms, address change forms, Explanation of Duties forms, college notification forms, receipt for payment of fee, and letters from the State concerning registration in a VERY SAFE PLACE. . These copies are the ONLY proof you have that you have done what is required of you. If you are ever charged with a “Failure to Register” then you have the proof that you have done what is required of you! Some of the previously named documents explain what your responsibilities are as a registered SO.

 

Campus Sex Crimes Prevention Act (part of SORA):

·            If you attend, are employed or volunteer at an institute of higher learning you must report within 10 days, in person, the name and location of the campus as well as your status as an employee, student or volunteer to a law enforcement agency having jurisdiction over where you are living.

·            You must register with the campus police (if the college has campus police) if you will be LIVING ON-CAMPUS.  If you live on-campus, but there is no campus police, then you register with the local agency that has arrest powers over that campus. If you are living OFF-CAMPUS, then you register with the law enforcement agency that has arrest powers over your local address.

·            If you are returning home (or someplace else) for the summer, or changing colleges, etc., you MUST change your address within 10 days after moving.

·            AGAIN, make sure you have changed your address with the Secretary of State prior to registering, or verifying your address, under this Act.

 

Frequency of Registration:

·            If you are registered for a “Misdemeanor Listed Offense” (above) you are required to verify your address between January 1 and January 15 of each year and every year you are required to be registered.

·            If you are registered for a “Felony Listed Offense” (above) you are required to verify your address during the first 15 days of January, April, July and October of every year for 25 years, unless it is a lifetime registration offense.

·            ANY time you move you MUST go to the Secretary of States office and change the address on your driver’s license or Michigan ID card, prior to reporting that change to your local law enforcement agency.

·            Within 10 days after changing your in-state residence (moving to or from college, moving to another city in MI, etc) you must notify the law enforcement agency, having jurisdiction over where you are living, of your new address. (IMPORTANT NOTE: You must register a new address even if you move into an apartment across the hall, or change a college dorm room. For ANY MOVE you are required to change your address with BOTH the Secretary of State and your local law enforcement agency.)

·            Not later than 10 days prior to moving out-of-state you must report, in person, to the nearest State Police Post, and let them know what state you will be moving to, and the address in that state, if available.

·            When you move out of state, you must comply with the registration requirements of the state you move to. Check out the new state’s requirements prior to moving.

·            If you are moving into the State of Michigan, and were required to be registered in the state you moved from, you have 14 days to register with a Michigan law enforcement agency having jurisdiction over where you will be living.

 

Term of Registration:

·            Check your initial registration requirements for the length of time you are required to be registered.

·            IF you were adjudicated as a juvenile of certain offenses you MAY be eligible to petition the court for alternate registration duration or to be removed from registration requirements altogether. If you were adjudicated prior to October 1, 2004 you MUST petition the court by October 1, 2007 or within 3 years after being discharged from juvenile court (completion of sentence), whichever is later. If you were adjudicated on or after October 1, 2004 you must petition after your 17th birthday and before your 20th birthday. If you do NOT petition the court within these timelines you LOSE your opportunity. The petition process, and who potentially qualifies, can be found at MCL 28.728c(5)-(14). Contact an attorney for more information and to determine eligibility.

·            If you were sentenced under the Holmes Youthful Trainee Act (HYTA) prior to October 1, 2004, and have completed your sentence successfully, you may be eligible to petition the court to have your registration duration reduced from 25 years to 10 years (from the date of initial registration). Anyone sentenced under HYTA prior to October 1, 2004 MUST petition the court by October 1, 2007 or within 3 years after successfully completing your sentence, whichever is later. If you do NOT petition the court within this timeline you LOSE your opportunity. The petition process, and who potentially qualifies, can be found at MCL 28.728c(5)-(14). Contact an attorney for more information and to determine eligibility.

·            If you are sentenced under HYTA on or after October 1, 2004 and successfully complete your sentence you NEVER have to register. IF you lose your HYTA status you have to register on the public internet registry for 25 years.

 

Where to Register (any of the Law Enforcement Agencies listed below that have arrest powers over where you are living):

·            Local Police Department

·            County Sheriff’s Department

·            Nearest State Police Post

 

Penalties:

You may be charged with a misdemeanor offense, punishable by up to 93 days in jail and/or up to $1000 fine if you:

·            Fail to register on time (1st through the 15th of the required months).

·            Fail to sign a Sex Offender Registration (DD-4) form

·            Fail to initial and sign an Explanation of Duties (DD-4A) form

 

You may be charged with a misdemeanor offense, punishable by up to 90 days in jail if you:

·            Fail to pay the one-time registration fee of $35 within 90 days.

 

You may be charged with a felony offense, punishable by imprisonment for not more than 4 years and/or a fine of not more than $2000 (if you have no prior convictions for a violation) if you:

·            Fail to change your address within 10 days after moving within the state.

·            Fail to change your address at least 10 days prior to moving out of state.

·            Fail to report your status at an institute of higher learning.

·            Fail to report your address within 14 days of moving into Michigan from another state.

 

If you are still serving a sentence under HYTA and you fail to register as required, you could lose your HYTA status.

If you are on probation and fail to register you would be in violation of your probation requirements.