Failure to Register as a Sex Offender in Michigan: Penalties

In Michigan, a registrant who willfully violates the Sex Offenders Registration Act commits a felony punishable by up to 4 years in prison for a first SORA conviction, up to 7 years with one prior SORA conviction, and up to 10 years with two or more.^[1] Three narrower violations, involving verification, signing and the fee, are misdemeanors with their own maximums.^[2]

Law as of 4 October 2026. Court rulings are changing this area. On September 9, 2026 the Michigan Supreme Court held that the 2021 SORA may not be applied retroactively to registrants whose offenses predate the 2011 amendments, and the Michigan State Police reported on September 11, 2026 that it had removed more than 20,000 people from the registry, with numbers that could change.^[6][7] A federal appeal was still pending when the State Police published its September 2026 legal update.^[8] A registrant should confirm current duties with the Michigan State Police Sex Offender Registry Unit or an attorney before relying on this page.

This page explains the penalty levels in the registration act, the word "willfully," what follows a violation besides a new charge, the separate federal crime, and the rulings that affect older cases.

What are the penalties under MCL 28.729?

Violation	Grade	Maximum penalty
Willful violation of the act, no prior conviction for a violation of the act	Felony	4 years or a $2,000 fine, or both[1]
Willful violation, 1 prior conviction for a violation of the act	Felony	7 years or a $5,000 fine, or both[1]
Willful violation, 2 or more prior convictions for violations of the act	Felony	10 years or a $10,000 fine, or both[1]
Willful failure to comply with the in-person verification section (other than the fee)	Misdemeanor	2 years or a $2,000 fine, or both[2]
Willful failure to sign a registration and notice	Misdemeanor	93 days or a $1,000 fine, or both[2]
Willful refusal or failure to pay the registration fee within 90 days of reporting	Misdemeanor	90 days[2]

These are statutory maximums. The sentence in a particular case depends on the court and the facts; for how Michigan sentencing works in general, see the sentencing guidelines guide.^[1]

The felony in subsection (1) is the general offense. It applies to a willful violation of the act "except as provided in" the three misdemeanor subsections.^[1][2] The enhanced 7-year and 10-year levels turn on prior convictions "for a violation of this act," not on the person's underlying sex offense record.^[1]

What does "willfully" mean for a missed report?

Every offense in MCL 28.729 requires a willful violation.^[4] The statute does not make every late or missed report a crime by its terms; it punishes a person who "willfully violates this act" or "willfully fails to comply."^[1][2]

The federal judgment in Does v Whitmer adds a specific protection. It states: "A willful violation of SORA does not include a failure to report information not required to be reported under this Judgment unless or until this Judgment on Count VIII is reversed."^[4] The items the judgment addresses include these:

• Email addresses and internet identifiers, which registrants do not need to report.^[9]
• A telephone number that is not registered to the registrant, such as a borrowed phone.^[10]
• A vehicle the registrant has driven but that is not owned by or registered to the registrant, which is still reported but not within three business days; it can wait until the next report date.^[10]
• Domestic travel, which is reportable if the registrant stays at one place for more than 7 consecutive days, and does not need to be reported in advance.^[11]

The qualifier matters: that protection lasts "unless or until" that part of the judgment is reversed, and the registrant class appealed some of the reporting rulings.^[4][12] The current duties are laid out in what registrants must report.

A registrant also must not knowingly provide false or misleading information concerning a registration, notice or verification.^[13]

What happens when a report is missed?

The act gives law enforcement a set of steps. If a person fails to register or to update registration information, the registering authority must, immediately after the date the report was required, determine whether the person has absconded or is otherwise unlocatable, revise the registry to reflect that, seek a warrant for the person's arrest if the legal requirements for obtaining a warrant are satisfied, and enter the person into the National Crime Information Center wanted person file if its requirements are met.^[14] The State Police must notify the United States Marshals Service and update the national sex offender registry to reflect the person's status as an absconder or as unlocatable.^[14]

A charge can be brought in more than one place. A failure to register or a violation of the reporting section may be prosecuted in the judicial district of the person's last registered address or residence, the person's actual address or residence, or where the person was arrested for the violation.^[15]

Consequences beyond the new charge

A willful violation has automatic effects on any existing supervision:

• The court "shall revoke the probation" of a person placed on probation who willfully violates the act.^[3]
• The court must revoke the youthful trainee status of a person assigned to that status who willfully violates the act.^[16]
• The parole board "shall rescind the parole" of a person released on parole who willfully violates the act.^[3]

For a parolee, compliance is also written into the parole order: if a parolee is required to be registered, the order must contain a condition requiring the parolee to comply with the act.^[17] A related offense applies before release. A prisoner required to register who refuses to give notice of the proposed place of residence, or knowingly gives an incorrect one, is guilty of a felony punishable by up to 4 years or a fine of up to $2,000, or both.^[18]

Supervision after a sex offense conviction is covered in probation and CSC convictions and prison, parole and treatment.

The federal crime: 18 USC 2250

Federal law has its own offense. A person required to register under the federal Sex Offender Registration and Notification Act who travels in interstate or foreign commerce, or who has a federal, tribal, District of Columbia or territorial conviction, and who knowingly fails to register or update a registration, may be fined or imprisoned for not more than 10 years, or both.^[5] Knowingly failing to give required notice of intended international travel and then traveling carries the same maximum.^[5]

The federal registration duty tracks the state one in outline: a sex offender must register and keep the registration current in each jurisdiction where he or she resides, is employed or is a student, and must appear in person within 3 business days of a change of name, residence, employment or student status.^[19]

The federal duty does not depend on Michigan law. The Sixth Circuit has held that federal obligations "are independent of state-law sex offender duties."^[20] For a non-citizen, a conviction under the federal failure-to-register statute is a ground of deportability.^[21] See immigration consequences of sex offenses and the federal sex crimes overview.

How recent rulings affect failure-to-register cases

People who have been removed from the registry

After the September 9, 2026 order in People v Smith, the Michigan State Police issued a legal update to officers stating that offenders removed from the registry because of the order "have no further duty to register, report, or verify as a sex offender in Michigan, and are not in violation of any Michigan law by not doing so."^[6][7] That statement is about people the State Police have removed. It does not address federal law, and no source read for this guide addresses whether a person removed under Smith could still face federal obligations.^[20] It is also not a statement that a person who believes the order covers him or her may stop registering, verifying or reporting on that belief. Someone who is still listed, or is unsure whether he or she was removed, can ask the Michigan State Police Sex Offender Registry Unit at (517) 241-1806 or an attorney.^[22]

Old convictions for failing to comply with the 2011 SORA

In People v Betts, decided July 27, 2021, the Michigan Supreme Court held that the 2011 SORA, when applied to registrants whose criminal acts predated the 2011 amendments, violates the constitutional prohibition on ex post facto laws, and it vacated a failure-to-register conviction based on a 1993 offense.^[23] On May 29, 2026, the court held unanimously in People v Shaver that Betts applies retroactively to defendants on collateral review, so a final conviction of that kind can be challenged by a motion for relief from judgment.^[24] Whether such a motion succeeds in a given case is for the court that hears it.

People with convictions from other states

The federal court held Michigan's treatment of non-Michigan convictions unconstitutional, but the State appealed and obtained a stay. As stated in the court-approved notice of December 31, 2025, people with non-Michigan convictions must keep registering during the appeal.^[12] A common mistake is the belief that out-of-state registrants were released from registration by the federal ruling; the stay means that relief has not gone into effect.^[12] Separately, the State Police legal update on Smith states the agency's position that a person registered in Michigan solely because another state requires registration, for conduct committed in that state before July 1, 2011, is similarly required to be removed.^[25] That is the agency's stated position and not a court decision, so the point is unsettled, and a person in that group should confirm his or her status with the registry unit or an attorney instead of assuming it.

What people get wrong

"A missed verification is only a ticket." A willful failure to comply with the verification section is a misdemeanor that carries up to 2 years, and a willful violation of the act that is not one of the three listed misdemeanors is a felony.^[2][1]

"The fee is optional." Willfully refusing or failing to pay the registration fee within 90 days of the date the person reports is a misdemeanor punishable by up to 90 days.^[2] An indigent registrant can have the fee waived for 90 days, with the burden on the registrant to prove indigence.^[26]

"Only Michigan can prosecute." Federal law reaches a knowing failure to register where its conditions are met.^[5]

A practical, step-by-step version of the reporting rules is in the registration compliance checklist, and the decisions summarized above are explained in the SORA court rulings guide.