Being required to register as a sex offender in Michigan is a harsh penalty that carries with it a huge burden of restrictions. If you are convicted of a sex crime in Michigan, the public will have your name, criminal history and personal information listed in a data base that is open to the public. On top of this, there are many restrictions that must be followed by a person placed on the sex offender registry. If these restrictions are now followed, a person can face another felony charge under Michigan law and face prison time for being a Non-Compliant Sex Offender In Michigan.
Under the Michigan Sex Offenders Registration Act, convicted sex offenders must report on a regular basis to their local law enforcement agency, a local sheriff’s office or the nearest state police post to verify their personal information. The punishment for not doing is up to two years in prison. This means the sex offender will be facing another felony charge if they do not keep their personal information up to date. The act mandates that a sex offender must report all changes to their address, vehicles, social media accounts, name and employment. The act makes it a four-year felony to not make these changes when they show up to report at a law enforcement branch. There are around 42,000 registered sex offenders in this database according to the Michigan State Police.
A person will have a long-time heavy burden to carry while being on the sex offender registry. They face being a social pariah, threats to their physical safety and knowing that if they fail to follow all the technical requirements of the registry, they can face felony charges that carry with it prison time.
To people convicted of a sex crime in Michigan, being required to register as a sex offender seems unfair. In some cases, people were unfairly convicted. In other cases, people have pleaded guilty in exchange for a greatly reduced penalties because a person did not want to risk taking their case to trial. Trying to deal with bureaucracy is also a major frustration. This sometimes causes some sex offenders to consider not registering. However, given the stiff penalties a person faces by not registering, we strongly advise people to go ahead and register. The longer you are a Non-Compliant Sex Offender in Michigan the more trouble you put yourself in.
If you have charged with failure to register as a sex offender in any West Michigan court, do not ignore this serious charge. You may feel you have been in compliance with the law and you are guilty of nothing. You case could be dealing with circumstances that forced you to fall out of compliance with the law. Shawn and his team of tough criminal defense lawyers know how to get our clients the best results possible in these types of cases. We will work to get your case dismissed or get you the best plea deal possible.
Tier System
You should always consult with an experienced criminal defense lawyers with questions regarding about how a particular allegation is classified for purposes of the Michigan Sex Offender Registry
There are three different tiers for sex offender registration in Michigan. Tier I cases are the least severe cases. This Tier requires an offender to register for 15 years at least once a year.
Tier I cases are the least severe, which places the offender on a nonpublic registry for 15 years. The information must be verified by the offender with law enforcement at least 1 time per year. Offenses in Michigan that fall under this Tier include Criminal Sexual Conduct of the 4th degree, possession of child pornography and indecent exposure.
Tier II cases are considered mid-range cases. This requires a convicted sex offender to register for 25 years. This information must be verified at least twice a year. Tier II cases included CSC 2nd degree, production of child pornography, solicitation of a minor and use of a computer to solicit an immoral act against a Minor.
Tier III cases are reserved the most serious sexual offenses. A conviction of these types of offenses places a person on the sex offender registry for life! The information must be verified at least 4 times a year. Tier III cases include Criminal Sexual Conduct in the 1st degree, CSC in the 2nd and third degree and assault with intent to commit sexual penetration.
Being put on the sex offender registry is a life altering situation that negatively impacts those on the registry. If you know of anyone who is being accused of sexual assault, call Shawn today 616-438-6719. The call is free, so you have nothing to lose by call right now! Do not let your name be put in the registry!
The Statutes Behind a Non-Compliance Charge
Registration duties and the penalties for missing them are set out in Michigan's Sex Offender Registration Act:
- MCL 28.721 and following — the Act itself, including the tier structure that determines whether you report for 15 years, 25 years, or life.
- MCL 28.725 — the duty to report changes, and the window in which they must be reported. This covers residence, employment, school enrolment, vehicles, telephone numbers, and email addresses and internet identifiers.
- MCL 28.725a — the in-person verification schedule, which varies by tier.
- MCL 28.729 — the offence of failing to comply, prosecuted separately from the underlying conviction, with penalties that escalate for repeat violations.
Because MCL 28.729 requires a wilful failure, what you knew and when you knew it is the heart of the defence — particularly for registrants whose duties changed under the 2021 amendments that followed Does v. Snyder and People v. Betts.
Frequently Asked Questions
What counts as failing to comply with SORA?
Not registering, not verifying in person during your assigned period, or not reporting a change within the statutory window — including a change of address, employer, school, vehicle, phone number, or email address and internet identifiers.
What is the penalty for failing to register in Michigan?
Failure to comply is prosecuted under MCL 28.729 as a separate offence, with penalties that escalate for repeat violations. It is charged independently of the underlying conviction.
Is it a defence that I did not know I had to report something?
It can be. The prosecution must prove you knew of the duty and wilfully failed to comply. Genuine confusion about what counts as a reportable change is a real issue, particularly for registrants whose obligations changed with the 2021 amendments.
What if I was homeless or hospitalised?
Those circumstances are frequently the reason a registrant misses a deadline, and they go directly to whether the failure was wilful. Documenting them early is important.
Can the underlying registration requirement be challenged?
Sometimes. After Does v. Snyder and People v. Betts, retroactive application of certain SORA amendments was held unconstitutional. If your conviction predates the amendments, your actual obligations may differ from what you were told.