Arizona Sexual Offender Registry Issues
Sexual Offender Registry/Megan’s Law
All individuals in the state of Arizona who have been convicted of certain sex crimes must register as a sex offender, creating a public listing in the state. Arizona’s sexual offender registry has three “tiers.” These “tiers” are based on the risk of reoffending, and those who fail to register could be charged with a crime.
According to safehome.org, as of May 2021, there were approximately 780,407 registered sex offenders in the United States—an increase of about 32,000 from 2019. Texas and California have the highest numbers of sex offenders (one in four registered sex offenders are registered in Texas or California), but per capita, Oregon and Montana have the highest rates. The state of Arizona had 8,855 registered sex offenders as of May 2021.
Why Choose a Criminal Defense Attorney from the Ciccarelli Law Offices?
Sex offender registry requirements can be complex to understand yet require strict adherence to all requirements. It can be extremely beneficial to have a criminal defense attorney who is highly knowledgeable regarding the sexual offender registry.
The Chandler, AZ attorneys from the Ciccarelli Law Offices have the experience you need and appreciate when dealing with the sexual offender registry in Arizona. Our highly skilled attorneys have a long history of helping those charged with a sex crime deal with the charges, as well as what comes after. We understand the serious nature of registering as a sex offender, as well as the many consequences that accompany that registration.
Our legal team has more than 100 combined years of national experience representing those charged with a criminal offense, including sexual offenses. We continuously strive to make a real difference in the lives of our clients, regardless of who they are, where they are from, or how much money they have.
With hundreds of Five-Star Reviews from our satisfied clients, Lee Ciccarelli has been recognized as:
- Super Lawyer
- Top 100 Trial Lawyer by the National Trial Lawyers Association
- TEN Best Client Satisfaction Award by the American Institute of DUI/DWI Attorneys
- Having the highest rating (10.0) by AVVO
- One of the Top 100 Litigation Attorneys by the American Society of Legal Advocates.
We understand you have choices, and we hope you will choose the Ciccarelli Law Offices for your criminal defense as well as to help you navigate the sexual offender registration requirements in Arizona.
What is Megan’s Law?
Megan’s Law is named after a seven-year-old New Jersey girl who was raped and killed by a known registered sex offender who moved across the street from Megan’s family. Megan’s family sought to have local communities warned when sex offenders moved into a community and today, all states have some form of Megan’s Law, more commonly called the sexual offender registry.
What are the Three Tiers of Sexual Offender Registry in Arizona?
The risk of reoffending determines the “tier” a person with a criminal sex offense conviction must register under. Level 1 tier is for offenders who are considered low risk, with levels 2 and 3 reserved for those considered higher risk offenders. Each convicted sex offender must undergo a risk assessment screening, which looks at 19 factors to determine the risk level. Included in these factors are:
- Any prior criminal history
- The number of victims
- The gender of those victims
- The relationship of the offender to the victim or victims
- Whether drug or alcohol use was present
- The details regarding the offense, including whether force was used
- Whether the offender has a history of mental health issues, or a current mental health issue
- The offender’s history of employment
- The offender’s behavior while in jail or prison
For Level 2 and Level 3 offenders, this information is available on the online sexual registry database, however, for Level 1 offenders, that information is only available for a conviction of:
- Child sex trafficking
- Child prostitution
- Sexual conduct with a minor under 12
- Child molestation of a victim under 12
- Taking a child for the purpose of prostitution for a minor under 12
- Sexual abuse of a minor under 12
- Luring of a child under 12 for sexual exploitation
- Commercial or non-commercial sexual exploitation of a minor
- Sexual assault
The sex offender registry has the following offender information online:
- A current photo
- Name, address, and age
- The offense committed
- The tier levels
State law may place restrictions on where some Level 3 sex offenders can live.
Which Sex Crimes in the State of Arizona Require Sexual Offender Registry?
The following sex offenses in the state of Arizona will require registry as a sex offender:
- Prostituting a child
- Molesting a child
- The sex trafficking of a child
- Unlawfully imprisoning or kidnapping a minor (by anyone other than the parents)
- Sexually abusing a minor
- Continuously sexually abusing a child
- Sexually exploiting a minor
- Sexually assaulting a spouse (if the offense occurred prior to August 12, 2005)
- Failing to register as a sex offender
- Having any type of sexual conduct with a minor
- Luring a minor for sexual exploitation
- A third or subsequent offense of public sexual indecency or indecent exposure
- Indecent exposure to a minor under the age of 15 (if the offense was not the first time)
- Public sexual indecency to a minor under the age of 15 (if the offense was not the first time)
- Sexually extorting a victim under the age of 15
- Any type of sexual assault
- Unlawfully misrepresenting one’s age
What are Community Notification Requirements in the State of Arizona?
In the state of Arizona, when the offender has served the sentence and is released from incarceration, or anytime an offender relocates to a new area, the community must be notified through law enforcement.
For those who are a Tier 1 level, law enforcement maintains a record and may notify those who live in the same household of the offender’s sex registry requirements.
For those who are Level 2 or Level 3 offenders, physical notification (flyers) are distributed to schools, the offender’s employer, and the local community and may be posted online or printed in the local newspaper.
Offenders must register within 10 days of their conviction, then once released from prison, those records are forwarded to local law enforcement where the offender will live. Registrations must be made in person and include fingerprints, a mailing address, and a blood sample for DNA. Offenders must re-register every year following the initial registration. Failure to do so could result in further charges. The Arizona Motor Vehicle Department also issues sex offenders a special driver’s license that must be renewed yearly.
When Do the Sexual Offender Registry Requirements End?
Most sex offenders will be required to re-register each year for the remainder of their lives, except:
- A juvenile adjudicated delinquent must only register until he or she turns 25
- A judge can choose to end the re-registration requirements for an offender under the age of 18 after probation is completed
- An offender who has completed any requirements for restitution and whose initial offense was for unlawfully imprisoning or kidnapping a minor.
- An offender convicted of sexual conduct with a minor is allowed to try and have their registration requirements terminated, but only under specific circumstances. If the offender was under the age of 22 at the time, if the victim was between the ages of 15-17, or if it can be shown to the court that the sex was consensual, the registration requirements could potentially be terminated.
Are You Facing Sex Offender Registration? We Can Help!
If you are facing the possibility of sex offender registration, you must understand how serious these charges truly are. Being on the sex offender registration is a serious consequence that can affect nearly every aspect of your life. It can impact where you live, where you work, and who you spend time with. Don’t trust your future to just anyone. At Ciccarelli Law Offices, our Arizona Criminal Defense lawyers have the experience and resources you need to fight these charges.
Call a Phoenix Megan’s Law s Attorney Today
If you or somebody you love has a Megan’s Law violation in the greater Phoenix metro area, Maricopa County including but not limited to Chandler, Tempe, Scottsdale or Gilbert, you need to contact an attorney immediately. Not any attorney will do, and you likely need a team of Smart, Experienced, Aggressive, determined lawyers that fight back at child sex crimes and discuss you or your loved one’s possible defenses and strategies. Call now. Now is the time for action and the time for Lee Ciccarelli and his team.
Do not speak to law enforcement officials or prosecutors until you have legal counsel by your side. At the Ciccarelli Law Offices, our team has a track record of success helping clients get through incredibly complex criminal defense cases. We know that the stakes are high, and we will use all of our resources to ensure you are treated fairly. When you need a Maricopa County sex crimes attorney, reach out to our team today. We are determined to fight for our clients. It’s in our DNA to have your back and your Success is Our Mission.