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Criminal Defense Insights

Understanding SORA: Michigan’s Sex Offender Registration Act

What SORA requires, what has to be reported, how the 2021 amendments changed it after Does v. Snyder and People v. Betts, and what happens if you miss a deadline. Call 616-438-6719.

Short answer: Michigan’s Sex Offender Registration Act, MCL 28.721 and following, requires people convicted of listed offenses to register, verify in person on a schedule set by their tier, and report changes to residence, employment, school, vehicles, phone numbers and internet identifiers.

What the Act Actually Requires

Registration is an ongoing set of duties rather than a single event, and that is why so many people end up charged with a violation without ever intending to hide.

MCL 28.725 sets out reportable changes and the window for reporting them. MCL 28.725a sets the in-person verification schedule, which varies by tier. There is an annual fee, and some information appears on the public internet registry while other information is available only to law enforcement.

The Constitutional History Matters

Does v. Snyder (6th Cir. 2016) held that retroactive application of certain 2006 and 2011 amendments violated the Ex Post Facto Clause. People v. Betts (Mich. 2021) reached a similar conclusion under the Michigan Constitution. The Legislature responded with amendments effective in 2021.

For anyone registered under an older version of the Act, this is not academic — the duties you were told about years ago may not be the duties that lawfully apply to you now.

Violations Are Charged Separately

Failure to comply is prosecuted under MCL 28.729 as its own offence, escalating with each violation. Because it requires a wilful failure, homelessness, hospitalisation, a mailing that never arrived, or genuine confusion about what counts as reportable are all real defences. See failure to register and the tier requirements.

Who Has to Register

SORA applies to people convicted of offences listed in the Act. The list is broader than criminal sexual conduct alone — it reaches certain offences involving minors, some offences that are not obviously sexual in character, and equivalent convictions from other states, federal court and the military.

Because the tier is set by the offence of conviction, two people whose conduct was similar can end up with very different obligations depending on which statute they were convicted under. That is the mechanism that makes charge negotiation so consequential.

The Mechanics: Verification, Fees and Records

Initial registration occurs on release or sentencing. After that, in-person verification runs on a schedule set by tier — annually, twice yearly, or quarterly — during assigned periods rather than at a time of your choosing.

There is an annual fee. Registrants receive documentation of what has been recorded, and it is worth checking that documentation carefully. Errors in registry records do occur, and an error that makes it look as though you failed to report is far easier to correct before it becomes a charge than after.

Why the 2021 Amendments Still Matter

The amendments that followed Does v. Snyder and People v. Betts changed which provisions can be applied to whom, particularly for people whose convictions predate the 2006 and 2011 changes.

The practical upshot is that a registrant operating on instructions from a decade ago may be complying with rules that no longer lawfully apply — or may be unaware of duties that do. A review is worth doing rather than assuming the status quo is correct.

Frequently Asked Questions

What does SORA stand for?

The Sex Offenders Registration Act, Michigan’s registration statute at MCL 28.721 and following.

Do out-of-state convictions require Michigan registration?

Generally yes. Michigan maps an out-of-state, federal or military conviction onto its own tier structure, and that mapping is sometimes open to challenge.

How much does registration cost?

Michigan charges an annual registration fee. Inability to pay should be raised with the court rather than ignored, because non-payment can create further problems.

What if the registry has wrong information about me?

Correct it immediately and in writing. Errors in registry records can create the appearance of non-compliance, and fixing them before a charge is far easier than defending one.

Can I be charged for failing to report an email address?

Yes. Internet identifiers are reportable, and this is among the most common bases for a non-compliance charge under MCL 28.729.

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