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FAQ’S about the amendements to the Michigan Sex Registry Act

LIST OF REGISTRY OFFENSES:

Pursuant to M.C.L. § 28.721 et seq the following sex offenses require registration in Michigan:

M.C.L.750.145a;  Accosting, Enticing or Soliciting a Child for Immoral Purposes  (includes charges for “attempt” or “conspiracy to commit”);
Registration requirement through June 30, 2011: 25 years
Registration requirement starting July 1, 2011: 25 years (Tier II offender)
May a qualified defendant be able to petition after July 1, 2011 to be removed from the list?  YES if petitioner meets 28.728c(3)

M.C.L.750.145b;  Accosting, Enticing or Soliciting a Child for Immoral Purposes (prior conviction) (includes charges for “attempt” or “conspiracy to commit”);
Registration requirement through June 30, 2011: 25 years
Registration requirement starting July 1, 2011: 25 years (Tier II offender)
May a qualified defendant petition after July 1, 2011 for removal from the list?  YES if petitioner meets 28.728c(3).

M.C.L. 750.145c; Child Sexually Abusive Activity or Material (includes charges for “attempt” or “conspiracy to commit”);
Registration requirement through June 30, 2011: Offenders assigned Youthful Trainee Status and are granted an alternative registration petition: 10 years.  Lifetime registration for the rest.
Registration requirement starting July 1, 2011: 15 years (Tier I offender for M.C.L. 750.145c(4) offense) [but name does not appear on public sex offender website];  However, the defendant may be able to petition for early termination of registration after 10 years.
25 years (Tier II offender for M.C.L. 750.145(c)(2) or (3) offense)
May a qualified defendant petition after July 1, 2011 for removal from the list?  YES for Tier I. For Tier II offender if petitioner meets 28.728c(3)

M.C.L. 750.145d(1)(a);
Use of Internet or Computer System for Various Sex-Related Crimes, if the Victim is Less than 18 years of Age;
Registration requirement through June 30, 2011: NONE
Registration requirement starting July 1, 2011: 25 years (Tier II offender) (except for any violation of M.C.L. 750.157c)
May a qualified defendant petition after July 1, 2011 for removal from the list?  YES if petitioner meets 28.728c(3)

M.C.L. 750.158;
Crime Against Nature or Sodomy, if the Victim is Less than 18 Years of Age (includes charges for “attempt” or “conspiracy to commit”);
Registration requirement through June 30, 2011: 25 years
Registration requirement starting July 1, 2011 — 25 years (Tier II offender) unless situations 1 or 2 apply:

1.      All of the following:
a.      the victim consented,
b.      the victim was at least 13 years of age but less than 16 years of age at the time of the offense,
c.      the defendant is not more than 4 years older than the victim.

2.      All of the following:
a.      the victim consented,
b.      the victim was 16 or 17 years of age at the time of the offense,
c.      the victim was not under the custodial authority of the defendant at the time of the offense.
May a qualified defendant petition after July 1, 2011 for removal from the list?  YES if petitioner meets 28.728c(3)

M.C.L. 750.335a(2)(b);
Indecent Exposure While Engaging in a Lewd/Lascivious Act, if previously convicted of violation of M.C.L. 750.335a (includes charges for “attempt” or “conspiracy to commit”).
Registration requirement through June 30, 2011: 25 years
Registration requirement starting July 1, 2011: If the victim is a minor : 15 years (Tier I offender) [but name does not appear on public sex offender website].  However, the defendant may be able to petition for early termination of registration after 10 years.  If the victim is an adult, no registration requirement
May a qualified defendant petition after July 1, 2011 for removal from the list?  YES.

M.C.L.750.167(1)(f);
Three convictions of any combination of: Disorderly Person and/or
M.C.L. 750.335a(2)(a);  Indecent Exposure or corresponding local ordinances (includes charges for “attempt” or “conspiracy to commit”);
Registration requirement through June 30, 2011: 25 years
Registration requirement starting July 1, 2011: NONE
May a qualified defendant petition after July 1, 2011 for removal from the list? The law does not say.

M.C.L. 750.338;
Gross Indecency Between Male Persons, if the Victim is 13 Years of Age or Older but Less than 18 Years of Age and the Offender is not Adjudicated as a Juvenile (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: 25 years
Registration requirement starting July 1, 2011: 25 years (Tier II offender) unless situations 1 or 2 apply:

1.      All of the following:
a.      the victim consented,
b.      the victim was at least 13 years of age but less than 16 years of age at the time of the offense,
c.      the defendant is not more than 4 years older than the victim.

2.      All of the following:
a.      the victim consented,
b.      the victim was 16 or 17 years of age at the time of the offense,
c.      the victim was not under the custodial authority of the defendant at the time of the offense.

Life (Tier III offender) if the victim was less than 13 years of age.  However, the defendant may be able to petition for early removal from the list after 25 years.
May a qualified defendant petition after July 1, 2011 for removal from the list? Tier III YES. Tier II YES under MCL 28.728c(3).

M.C.L. 750.338a;   Gross Indecency Between Female Persons, if the Victim is 13 Years of Age or Older but Less than 18 Years of Age and the Offender is not Adjudicated as a Juvenile (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: 25 years
Registration requirement starting July 1, 2011: 25 years (Tier II offender) unless situations 1 or 2 apply:

1.      All of the following:
a.      the victim consented,
b.      the victim was at least 13 years of age but less than 16 years of age at the time of the offense,
c.       the defendant is not more than 4 years older than the victim.

2.      All of the following:
a.      the victim consented,
b.      the victim was 16 or 17 years of age at the time of the offense,
c.      the victim was not under the custodial authority of the defendant at the time of the offense.

Life (Tier III offender) if the victim was less than 13 years of age.  However, the defendant may be able to petition for early removal from the list after 25 years.
May a qualified defendant petition after July 1, 2011 for removal from the list?  Tier III YES. Tier II YES if petitioner meets 28.728c(3).

M.C.L. 750.338b;  Gross Indecency Between Male & Female Persons, if the Victim is 13 Years of Age or Older but Less than 18 years of Age and the Offender is not Adjudicated as a Juvenile (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: 25 years
Registration requirement starting July 1, 2011: 25 years (Tier II offender) unless situations 1 or 2 apply:

1.      All of the following:
a.      the victim consented,
b.      the victim was at least 13 years of age but less than 16 years of age at the time of the offense,
c.      the defendant is not more than 4 years older than the victim.

2.      All of the following:
a.      the victim consented,
b.      the victim was 16 or 17 years of age at the time of the offense,
c.      the victim was not under the custodial authority of the defendant at the time of the offense.

Life (Tier III offender) if the victim was less than 13 years of age.  However, the defendant may be able to petition for early removal from the list after 25 years.
May a qualified defendant petition after July 1, 2011 for removal from the list?  Tier III YES. Tier II YES if petitioner meets 28.728c(3)

M.C.L. 750.349;  Kidnapping, if the Victim is Less than 18 Years of Age (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: Offenders assigned Youthful Trainee Status and are granted an alternative registration petition: 10 years.  Lifetime registration for the rest.
Registration requirement starting July 1, 2011: Life (Tier III offender).  However, the defendant may be able to petition for early removal from the list after 25 years.
May a qualified defendant petition after July 1, 2011 for removal from the list? YES

M.C.L. 750.349b;  Unlawful Imprisonment, if the Victim is Less than 18 Years of Age (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: NONE in current law
Registration requirement starting July 1, 2011: 15 years (Tier I offender) [but name does not appear on public sex offender website].  However, the defendant may be able to petition for early termination from registration after 10 years.
May a qualified defendant petition after July 1, 2011 for removal from the list? YES

M.C.L. 750.350;  Leading, Taking, Carrying Away, Decoying, or Enticing Away Child Under 14 (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: Offenders assigned Youthful Trainee Status and are granted an alternative registration petition: 10 years.  Lifetime registration for the rest.
Registration requirement starting July 1, 2011: Life (Tier III offender).  However, the defendant may be able to petition for early removal from the list after 25 years.
May a qualified defendant petition after July 1, 2011 for removal from the list? YES.

M.C.L. 750.448;
Soliciting, Accosting, or Inviting to Commit Prostitution or Immoral Act, if Victim is Less than 18 Years of Age (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: 25 years
Registration requirement starting July 1, 2011: 25 years (Tier II offender) if the victim is a minor;  no registration if the victim is an adult
May a qualified defendant petition after July 1, 2011 for removal from the list? YES if petitioner meets 28.728c(3).

M.C.L §750.449a(2)
Engaging services for purpose of prostitution, lewdness, or assignation; engaging services with person less than 18 years of age for purpose of prostitution, lewdness, or assignation; penalty
Registration requirement starting January 14, 2015: 25 years (Tier II offender)
May a qualified defendant petition for removal from the list? YES if petitioner meets 28.728c(3).

M.C.L. 750.455;
Pandering (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: 25 years
Registration requirement starting July 1, 2011: 25 years (Tier II offender)
May a qualified defendant petition after July 1, 2011 for removal from the list? YES if petitioner meets 28.728c(3).

MCL §750.462e(a)Forced labor or services; prohibited conduct as it relates to age of minor.
Registration requirement starting January 14, 2015: 25 years (Tier II offender)
May a qualified defendant petition for removal from the list? YES if petitioner meets 28.728c(3).

M.C.L. 750.520b;
Criminal Sexual Conduct 1st Degree (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: Offenders assigned Youthful Trainee Status and are granted an alternative registration petition: 10 years.  Lifetime registration for the rest.
Registration requirement starting July 1, 2011: Life (Tier III offender) unless victim consented to conduct, victim was at least 13 years of age but less than 16 years of age, and the defendant is not more than 4 years older than the victim. The defendant may then be able to petition for early removal from the list under MCL 28.728c(3).
May a qualified defendant petition after July 1, 2011 for removal from the list? YES

M.C.L. 750.520c;
Criminal Sexual Conduct 2nd Degree (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: Offenders assigned Youthful Trainee Status and are granted an alternative registration petition: 10 years.   Lifetime registration for the rest.
Registration requirement starting July 1, 2011: 25 years (Tier II offender)
Life (Tier III offender, if committed against an individual less than 13 years of age).
May a qualified defendant petition after July 1, 2011 for removal from the list? Tier III YES. Tier II YES if petitioner meets 28.728c(3)

M.C.L. 750.520d;
Criminal Sexual Conduct 3rd Degree (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: 25 years
Registration requirement starting July 1, 2011: Life (Tier III offender) unless victim consented to conduct, victim was at least 13 years of age but less than 16 years of age, and the defendant is not more than 4 years older than the victim.  However, the defendant may still be able to petition for early removal from the list under MCL 28.728c.
May a qualified defendant petition after July 1, 2011 for removal from the list? YES

M.C.L. 750.520e;
Criminal Sexual Conduct 4th Degree (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: 25 years
Registration requirement starting July 1, 2011: If victim is 18 years or older: 15 years (Tier I offender)[but name does not appear on public sex offender website]; However, the defendant may be able to petition for early termination of registration after 10 years.  If victim is 13 years of age or older but less than 18 years of age: 25 years (Tier II offender).  If victim is less than 13 years of age and if defendant is 17 years of age or older: Life (Tier III offender).  However, the defendant may be able to petition for early removal from the list under MCL 28.728c.
May a qualified defendant petition after July 1, 2011 for removal from the list? Tier I & III YES. Tier II YES if petitioner meets 28.728c(3)

M.C.L. 750.520g;
Assault with Intent to Commit CSC (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: 25 years
Registration requirement starting July 1, 2011: If victim is 18 years or older: 15 years (Tier I offender) [but name does not appear on public sex offender website]; However, the defendant may be able to petition for early termination of registration under MCL 28.728c .  If victim is 13 years of age or older but less than 18 years of age: 25 years (Tier II offender).  However, the defendant may be able to petition for early termination of registration under MCL 28.728c.
May a qualified defendant petition after July 1, 2011 for removal from the list? Tier I & III YES. Tier II YES if petitioner meets 28.728c(3)

M.C.L. 750.520g(1); Assault with Intent to Commit CSC involving sexual penetration(includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: NONE
Registration requirement starting July 1, 2011: Life (Tier III offender) unless victim consented to conduct, victim was at least 13 years of age but less than 16 years of age, and the defendant is not more than 4 years older than the victim.  However, the defendant may still be able to petition for early removal from the list under MCL 28.728c(3).

M.C.L. 750.520g(2); Assault with Intent to Commit CSC in the 2nd degree (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: NONE
Registration requirement starting July 1, 2011: Life(Tier III offender,if the victim was less than 13 years of age).  However, the defendant may be able to petition for early removal from the list after 25 years.

M.C.L. 750.539j; Surveillance of or Distribution, Dissemination, or Transmission of Recording, Photograph, or Visual Image of Individual Having Reasonable Expectation of Privacy against an Individual Who is Less than 18 Years of Age (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: NONE
Registration requirement starting July 1, 2011: 15 years (Tier I offender) [but name does not appear on public sex offender website].  However, the defendant may be able to petition for early termination of registration under MCL 28.728c(3).

Any Violation of State Law or Local Ordinance that by its Nature Constitutes a Sexual Offense against an Individual Who is Less than 18 Years of Age. (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: 25 years (unless the comparable offense requires lifetime);
Registration requirement starting July 1, 2011:
15 years if comparable Tier I offender [but name does not appear on public sex offender website]
25 years if comparable Tier II offender
May a qualified defendant petition after July 1, 2011 for removal from the list? Tier I YES.Tier II YES if petitioner meets 28.728c(3)

Any Offense Committed by a Person who was, at the Time of the Offense, a Sexually Delinquent Person. (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: 25 years (unless the comparable offense requires lifetime).
Registration requirement starting July 1, 2011: 15 years (Tier I offender) [but name does not appear on public sex offender website]
May a qualified defendant petition after July 1, 2011 for removal from the list? YES.

Any Offense Substantially Similar to a Listed Offense under a Law of the United States, any State, or any Country or under Tribal or Military Law. (includes charges for “attempt” or “conspiracy to commit”)
Registration requirement through June 30, 2011: 25 years (unless the comparable offense requires lifetime).
Registration requirement starting July 1, 2011:
15 years if comparable Tier I offender [but name does not appear on public sex offender website]
25 years if comparable Tier II offender
Life if comparable Tier III offender
May a qualified defendant petition after July 1, 2011 for removal from the list? Tier I & III YES.Tier II YES if petitioner meets 28.728c(3)

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