If you are facing charges for a sex crime in Arizona, you need to familiarize yourself with sex offender registration and how it can affect your life. You need to know what is expected of a registered sex offender and the consequences of failing to comply with the state’s requirements. We at Snader Law Group want you to know that there are folks who will consider your case and those who can offer assistance. Let us be both. We are familiar with the emotions that come with sexual assault. Don’t just let this slip away. We can take action together.
Contact a Phoenix sex crime attorney by calling (602) 825-3031 for a free case consultation.
Arizona Sex Offender Registration Explained
In the video, Howard Snader, a board-certified specialist on criminal law, outlines the process of registering as a sex offender and any other relevant information that applies in Arizona.
Sex Offender Registration Levels in Arizona
The sex offender registration system in Arizona is designed to enhance public safety. While it may do this in some respect, it’s also a significant burden on defendants. It’s critical to understand the and what you’re facing if you are convicted of a sex offense in Arizona.
Level 1
Level 1, perceived as the least severe tier in Arizona’s sex offender framework, applies to those offenders who are deemed low-risk and unlikely to reoffend. Each case is evaluated individually and meticulously by trained professionals using an array of relevant criteria.
Importantly, these Level 1 offenders do not come under community notification processes due largely to their lower assessed risk factor. This means law enforcement or other officials are not required to alert neighbors of their presence when they move into the neighborhood.
Depending on the nature of their offenses, they may even be omitted from listings posted on the Department of Public Safety (DPS) online database managed by state authorities in Arizona.
However, being registered at any level still brings with it obligations: Yearly re -registration is mandatory for all Level 1 offenders, and they are required to possess a driver’s license prominently indicating their status as a registered sex offender. Compliance with these rules is crucial.
Level 2
Moving up to Level 2 on Arizona’s sex offender registry brings stricter requirements.
Level 2 offenders’ information, including photographic identification, addresses, offense profiles, and risk evaluation results end up listed by both the DPS website and corresponding national platforms like SORNA’s online database.
Just like lower-level registrants, Level 2 sex offenders are required to re-register yearly while always ensuring any changes or updates to their personal data is promptly reported.
Level 2 offenders must also possess a driver’s license indicating their registered offender status.
When a Level 2 sex offender makes the decision to relocate, local communities are notified. Detailed within these community notifications is potentially vital information such as their photograph, home address, and overview of their criminal offense.
The notification process entails physical distribution of paper flyers to residential homes in close proximity to the offender’s new residence, and may also extend to schools within adjacent neighborhoods or local community groups.
These informative flyers don’t just show up at local junctions or in residential mailboxes. Law enforcement also collaborates with local media outlets to ensure wide-spread, far-reaching exposure. Consequently, a comprehensive press release filled with relevant information about the Level 2 offender is provided by the precinct to news stations for public sharing.
Level 3
The final and highest risk category in Arizona’s sex offender registry is Level 3. Offenders listed at this level are identified as posing the most substantial public safety risks.
Just like lower-tiered offenses, a Level 3 sex offender’s information gets added to public access databases both at the state level within DPS and nationally through SORNA.
Relocating notifications for Level 3 offenders take a similar mode of operation as level 2. When they relocate into an area, notification fliers displaying essential information such as the offender’s name, photograph, address, and a overview of offense get distributed extensively.
At this level, these individuals face location limits for residences – there are areas they cannot live within because of laws prohibiting proximity to places such as schools or childcare facilities.
What crimes qualify an individual for sex offender registration?
Usual sexual offenses are:
- Sexual assault
- Sexual assault of a spouse
- Sexual conduct with a minor
- Molestation of a child
- Continuous sexual abuse of a child
- Taking a child for the purpose of prostitution
- Sexual exploitation of a minor
- Infamous crimes against nature
- Lewd and lascivious acts
- Indecent exposure and public sexual indecency
How soon must a sex offender register after serving jail time?
A sex offender is required to register within 10 days after release. Failure to do so constitutes a class 4 felony and carries jail time of 3.75 years.
Who is responsible for registering sex offenders?
In Arizona, all sex offenders are registered by their respective local county sheriff.
What are other requirements for sex offender registration?
Sex offenders must annually update the sex offender registration with the Arizona Motor Vehicle Division. Failure to do so is a Class 6 Felony and has jail time of up to 2 years.
If I committed a non-sexual offense, can I be forced to register?
It is highly possible for a judge to order the offender to register as a sex offender if the offense is believed to be “sexually motivated.
When out-of-state residents visit Arizona, are they required to register?
Sex offenders who plan to visit Arizona for more than 10 days are required to register. They are also required to register as transients every 90 days with the county sheriff. Failure to do so is a Class 4 felony offense.
Are juvenile sex offenders required to register?
Juveniles are not expected to register as sex offenders in Arizona, even if the juvenile would have been required to do so especially if they committed the offense as an adult. Ultimately, It is the judge’s discretion to order sex offender registration of the juvenile when he or she turns 25.
How are sexual predators treated in Arizona?
Offenders identified as “sexual predators” in Arizona are held in the State Hospital. Once the offender finishes their jail time and scheduled for release, a review is conducted and the offender is evaluated for “violent sexual predator criteria”. Once established that the offender is indeed a violent sexual predator, the offender will be committed to the Arizona State Hospital and will only be qualified for an annual review to assess if the offender may be released to society. In which case, the label of “sexual predator” is removed.
Are all sex offenders prohibited from living near schools?
Sex offenders convicted of violent crimes should not reside within 1,000 feet of public schools or childcare facilities.
If you or someone you know failed to register as a sex offender in Arizona, it is strongly advised that you get in touch with our skilled Phoenix criminal defense lawyers at Howard Snader Law. We can evaluate your case and prepare all possible defenses.
Contact our experienced sex crime attorneys now.