Level 1 offenders on the Arizona sex offender registry have the lowest risk of committing a subsequent offense or re-offending. In most cases, a Level 1 offender will not have their information in the online public domain. Offenders with a higher likelihood of re-offending are assigned level 2 or level 3 status. For more information on the Arizona sex offender registry, contact the Phoenix Criminal Attorney.
Understanding Sex Offender Registration
Being on the sex offender registry is a stigma that most people would rather avoid. Being on the registry could mean having your picture and information shared with various law enforcement agents and availed on public online domains. Sex offender registration could also imply fliers with your photograph, address, and case information for community groups, potential employers, schools, and neighbors to see.
Once registered as a sex offender, it is highly unlikely that you will have your name removed from the registry in Arizona. However, your charges could be diminished or dismissed, especially for a lesser crime like indecent exposure. The typical sexual crimes in Arizona include child molestation, sexual assault, and sexual exploitation of a minor.
You could end up on the sex offender registry for life, depending on the severity of your offense. Usually, in Arizona, sex offender registration is generally for life unless you petition the judge to remove your name from the registry. You could also avoid the lifetime registry if your case were filed in a juvenile court.
Sex Offender Registration System in Arizona
Sex offender registration must be made in person. You have to pay a fee of $250 during the initial registration. You have to provide the following information while registering:
- All your names and aliases
- Your electronic fingerprints
- Your current photograph
- Online usernames or identifiers, including your email address
- Your mailing address
- Your blood sample for DNA evidence
Every year, you must re-register as a sex offender. Re-registering involves confirming the information provided during your initial registration. The Arizona Motor Vehicle Department, abbreviated as MVD, issues a special driver's license to sex offenders. You have to renew this license every year instead of every five years. You also have to renew your picture annually instead of every 12 years. You must provide proof of your address when renewing your driver's license with the MVD.
Of the three Tiers in the Arizona sex offender registration system level, level one is the least severe. An assessment screening is conducted to determine an offender's likelihood of reoffending. Offenders deemed to have a low risk of repeating the offender assume the Level 1 sex registration. The other tiers are Level 2 and Level 3. The classification indicates the level of risk the offender poses to the community.
Level 3 offenders have the highest risk of reoffending.
As a Tier 1 offender, you will not endure the embarrassment of going through the community notification process. Usually, your name will not appear on the online sex offender database, but this will depend on the crime that led to your sex offender registration. The Arizona Department of Public Safety, commonly abbreviated as DPS, runs the online sex offenders database. However, even a level 1 sex offender must re-register every year and acquire a driver's license that helps the police identify him/her as a sex offender.
The Assessment Screening
Sex offenders undergo an assessment screening to determine whether they will be assigned Tier 1, Tier 2, or Tier 3 statuses. This assessment considers nineteen factors to determine the offender's likelihood of committing an additional sex offense or any other general offenses. The overall scores arrived after considering the nineteen factors to help determine the appropriate level or tier. The factors considered are:
- The number of times you have faced a conviction for a sex-related crime. Both misdemeanor and felony sex offenses will be considered.
- Your criminal history, including the number of felony convictions and the non-sex crimes
- The previous arrests for sex-related crimes, even if you did not face conviction.
- Your age when you committed your first sex-related crime
- Whether you have ever used a weapon when committing a sex-related offense and whether the offense led to a conviction
- The total number of people who are victims of your sex crimes, including the victims of the crimes that were dismissed through a plea bargain
- The gender of the victims of your sex offenses
- The nature of the relationship between you and the victims of your sex offenses
- Whether you used excessive force or more force than was necessary when committing the sex offense
- The presence of aggravating factors — The following could serve as aggravating factors during the commission of a sex offense:
- Tying up the victim or subjecting the victim to unlawful imprisonment
- The sex offenses lasted for more than 3 hours
- You moved the victim to another location forcefully or against their will
- You mutilated or tortured the victim
- Whether you have a history of committing sex offenses for more than five years
- Whether you used alcohol or drugs
- Whether you have a mood disorder, a mental illness, or an IQ of below 70
- Your education or employment history before being sentenced
- Whether there is evidence or presence of sexually deviant interests. Common sexually deviant interests include fetishes, voyeurism, bestiality, pedophilia, necrophilia, masochism or sexual sadism, and exhibitionism. A history of indecent exposure usually depicts exhibitionism
- If you have a history of committing felony offenses, the assessor will consider the period or the length of time between your release and committing an additional felony offense
- Whether you had a major or significant disciplinary issue while in prison or in confinement
- If the court had recommended a substance abuse treatment post-conviction, the assessor would consider whether you completed the treatment
- Whether you completed the recommended sex offender treatment after your conviction
After considering all the factors outlined above, the assessor assigns the offender two scores:
- The risk of committing an additional sex offense
- The risk of committing an additional general criminal offense
If the offenders portray a low risk on both scores, they will get a Level 1 classification
Listing On Online Databases
A Level 1 offender will be listed on online public domains if he/she has registration requirements for the following crimes:
- Sexual exploitation of a minor for commercial purposes
- Sexual assault
- Child prostitution
- Commercial exploitation of a minor for non-commercial reasons
- Child sex trafficking
- Any of these offenses conducted on a victim below 12 years:
- Sexual abuse
- Luring a minor for sexual exploitation
- Molestation of a child
- Continuous sexual abuse
- Aggravated luring of a child for sexual exploitation
- Taking a child for exploitation
- Sexual conduct with a child
If you are a registered sex offender and you are adjudicated or convicted guilty of any of the following offenses, the following registration information will be available on the public domains:
- Your name, age, and address
- Your current photograph
- The crime you committed
- Your risk Level — Level 1, 2, or 3
If you are a Level 1 sex offender in Arizona, the local law enforcement agency or the sheriff will keep your record. However, the law does not require the sheriff to conduct a community notification. However, if you share a residence with another person, the police could notify the person about your sex offender registration.
As a Level 1 sex offender, you will not be identified to prospective employers or local community groups through a press release.
A Level 1 sex offender status could seem like a minor offense. However, any sex offense, irrespective of its level, is a severe crime. Therefore, you should seek the counsel of an experienced criminal attorney whenever you face sex offense charges, however minor.
Sex Offender Registration Laws
Notifying the local community about convicted sex offenders is highly prioritized in Arizona. There is no limit on how long a convicted sex offender should remain on the registry. However, the law requires the police and the local government agencies to report a convicted sex offender to the Department of Public Safety within 72 hours of the offender's release from custody. The initial report submitted to the Department of Public Safety includes the offender's identifying information, release date, and risk assessment.
The sex offender must complete their registration with the Department of Public Safety within ten days of their release from custody. If no jail time is required for the sex offense committed, the offender should register within ten days of their sentencing. If you fail to register with the Department of Public Safety within ten days of your sentencing or release from custody, you will be guilty of a Class 4 felony. A Class 4 felony conviction could lead to an imprisonment of one year, three years, and nine months.
If you fail to re-register as a sex offender, you will face Class 6 felony charges. In addition, you will be subject to an additional assessment of $250. A Class 6 felony conviction carries imprisonment of between four months and two years. Failing to register as an offender will also result in a warrant of your arrest.
When sex offender completes their registration, the Department of Public Safety passes their information to the local law enforcement. Next, community notifications will be issued, depending on the risk assessment. The good news is that for Level 1 sex offenders, there is no public notification requirement. If you are a Level 1 sex offender, you're your information will still be visible on the state offender registry. However, there will be no local publications or notification flyers. Instead, your information will only be shared with local law enforcement.
When You Move Or Change Your Name In Arizona
Provided you are registered as a sex offender in Arizona. You must notify the state registry and local law enforcement when you move. You should tell the county sheriff within three days to have your information updated in the database.
You can notify the sheriff in person or by mail. You also have to give a written notice to the sheriff in the county from which you are moving within three days. Holidays and weekends are not included in the three days. If you are visiting Arizona for more than three days and are required to register as a sex offender, you must register as an offender in Arizona.
You also have to notify the county sheriff if you change your name.
Level 2 and Level 3 offenders will then be subject to local media publications and issuance of notification flyers. Like the initial community notification, a Level one offender will not trigger community notifications when they change residence.
However, if the local law enforcement feels or believes that the offender is a threat to the community, the law does not prohibit them from issuing notification flyers, even for Level 1 offenders.
Sex Offender Registration Orders
There are two types of sex offender registration orders under Arizona law: mandatory and discretionary. Usually, mandatory orders are permanent but can be withdrawn under rare circumstances. The judge can choose not to impose the sex offender registration requirement for discretionary registration orders. If registration is required, the court can later lift the registration requirement upon request.
The End Of Registration Requirements
In most cases, you must continue to re-register every year for the rest of your life, with a few exceptions. If a juvenile offender is adjudicated delinquent, he or she has to register as a sex offender until they attain the age of 21 years. If you were below 18 years when you committed the sex offense, the judge could end the sex offender registration requirements when you complete probation.
If you were convicted of kidnapping or minor or unlawful imprisonment of a child and have met all your restitution requirements, you only need to register as an offender for ten years. However, you must not commit another offense that requires registration as a sex offender.
You could petition the court if you were convicted of sexual conduct with a minor. The court can terminate your registration requirements. However, you have to prove the following:
- At the time of the offense, you were below 22 years
- When you committed the crime, the victim was 15,16, or 17 years
- The victim had consented to your sexual conduct
- During probation, you complied with all sex offender terms
- Since your release, you have not been convicted of a misdemeanor sex crime, sexual exploitation of a minor, or any felony.
- You are not sexually violent.
- You did not face imprisonment for the offense
- Only one victim was involved
The judge will terminate your registration requirements if you prove all the factors outlined above and if the judge does not believe that continuing to hold you is in the public's best interests.
Frequently Asked Questions
The following are the commonly asked questions regarding sex offender registration in Arizona:
Who Registers Sex Offenders in Arizona?
In Arizona, the county sheriff registers the sex offenders. Sometimes, the judge could order to have your name entered into the sex offender registry even if you committed a non-sexual offense. This usually happens if the judge believes you have a sexual motivation when committing the crime.
Can A Juvenile Go On A Sex Offender Registry?
Sex offender registration is not mandatory for juvenile offenders. Therefore, a juvenile will not end up on the sex offender registry even if they commit a crime that would have warranted a sex offender registry in the adult justice system. However, the judge can order a juvenile offender to go to the sex offender registry until they attain the age of 25 years.
Can Sexual Offenders Live Near Schools?
The law prohibits certain sex offenders from living near schools and daycares. The restrictions are outlined further in ARS 13-3827.
What Happens If You Are A Sexual Predator?
If you are considered a sexual predator, you will be committed to the State Hospital. Once you complete your sentence and are ready for release, you will undergo screening to determine if you are a violent sexual predator. If the assessor considers you a sexual predator, you will be committed to the hospital, where you will undergo annual reviews to determine if you are ready to rejoin society. The "sexual predator" label will be removed when you are ready to rejoin society.
How an Attorney Can Help You
Placement on the sex offender registry in Arizona is a severe consequence that could affect many areas of your life. If you face charges for a sex crime, you need an experienced criminal defense attorney by your side to help aggressively defend your rights. An attorney will help you know how to abide as a convicted sex offender. An attorney will also answer your questions, review your case, and help you create a plan of action.
Find a Phoenix Criminal Attorney Near Me
Arizona has some of the most rigid laws on sex crimes in the United States. If you are found guilty of a sex offense, you could face severe penalties, including sex offender registration. In addition, the marking of a "sex offender" could damage you and many areas of your life. If you face sex offense charges, you should contact an experienced criminal attorney immediately. For reliable legal representation, contact the Phoenix Criminal Attorney. Call us at 602-551-8092 to speak to one of our attorneys.