If you are convicted of certain types of sex offenses in Arizona, you will be required to register as a sex offender. The restrictions that will be placed on you will depend on your level of risk. To determine which level a sex offender should be assigned to, a designated agency administers a sex offender assessment. This assessment is used to evaluate risk across 19 different areas, and your score on the assessment will be used to assign you a sex offender level.
If you are facing charges that might require you to register as a sex offender if you are convicted, you should talk to an experienced sex crimes defense attorney at DM Cantor.
What are the Risk Levels for Sex Offenders in Arizona?
In Arizona, sex offenders who are required to register with the state are assigned to one of three primary levels of risk. The risk levels are number from one to three:
- Level One is assigned to people who have the lowest risk of reoffending.
- Level Two sex offenders are deemed to pose a moderate risk of reoffending.
- Level Three sex offenders are deemed to have the highest risk of reoffending and of being potential threats to public safety in their communities.
The risks are based on the information that is available about the sex offender and can impact the length of time that an offender will be required to register in Arizona. Other factors that can impact the assigned level can include the time between the registration and the risk level assignment and any pending confirmation or action of the registration of the person.
The different levels also have different restrictions and requirements. Level one sex offenders must register with the sheriff in the county in which they live. The sheriff’s office keeps the sex offender’s records and may provide notice to the people who live with the sex offender.
Level two sex offenders are deemed to be at risk of reoffending but do not have as high of a risk as level three sex offenders. If you are assigned a level two risk, you must register with the sheriff’s department in your county. The sheriff’s office will then notify the homes, schools, and community groups in your neighborhood as well as your employer.
Level three sex offenders are deemed to have the highest risk of reoffending. If you are assigned a level three risk, your registration requirements will be onerous. You will have to register with your local sheriff’s department. People who live in the neighborhoods that surround you will be notified that you live in the area. Flyers will be created with your picture, name, address, and criminal history. These flyers will be handed out door to door to homes, schools, and community groups in your neighborhood. The sheriff’s department will also send press releases to the local newspapers and television stations. Finally, your employer will be notified that you are a registered sex offender.
Additionally, the location of where you live will be publicly posted.
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Sex Offender Risk Levels and Classification
The level of risk that you will be assigned is based on the state’s assessment of how likely you are to commit another sex offense in the future. The state views this risk as a potential danger to your community and society. Your risk level will depend on the facts and circumstances of your case and the likelihood that you might cause harm to someone else when you are no longer in jail or prison.
If you have multiple convictions for the same or similar sex crimes, your risk level can be increased. However, since the state relies on the assessment, you might be assigned a lower or higher risk level for your offense of conviction as the sex offender level that someone else is assigned for the same offense.
State Registration for Sex Offenders
If you are convicted of one of the below listed sex crimes, you will have to submit to the Arizona sex offender assessment screening profile. This assessment is administered by a designated agency to people who have been convicted of sex offenses. The assessment evaluates you under 19 different criteria by asking a series of questions. Each is assigned a certain number of points. When you are finished with the assessment, the points are totaled to assign you to a sex offender level. The different levels denote your risk of reoffending.
When you are convicted for a sex offense that requires you to register, you must register as a sex offender with the state. If you fail to comply with the sex offender assessment and registration requirements, you can be charged with a new felony crime under A.R.S. § 13-3824.
Under A.R.S. § 13-3821, you must register with the county sheriff in the county where you live within 10 days of the date of your conviction or adjudication for one of the previously listed sex offenses. If you move within the same county, you must provide the sheriff’s office with your new address and contact information no later than 72 hours after your move unless it occurs on a legal holiday or weekend under A.R.S. § 13-3822. If you move to a new county, you must notify the sheriff in your former county in writing of your move and register with the sheriff of your new county. If you move out of state, the sheriff will notify the county of the state in which you live of your registration requirements and will check to make sure that you have registered there within 10 days of your relocation.
Which Crimes Require People to Register as Sex Offenders in Arizona?
If you have been charged with a sex offense but have not been convicted, you do not have to register as a sex offender unless you are convicted. The offenses that require people to register as sex offenders are listed in A.R.S. § 13-3821 and include the following types of convictions:
- A.R.S. § 13-1404– Sexual abuse of a minor who is younger than age 18
- A.R.S. § 13-1405– Sexual conduct with a minor
- A.R.S. § 13-1406– Sexual assault
- A.R.S. § 13-1410– Child molestation
- A.R.S. § 13-1417– Continuous sexual abuse of a child
- A.R.S. § 13-3206– Taking a child for prostitution
- A.R.S. § 13-3212 (A)(1),(2)– Child prostitution; or (B)(1),(2) for offenses prior to Aug. 9, 2017; or child sex trafficking under this statute and statutory subsection for offenses committed after Aug. 9, 2017).
- A.R.S. § 13-3553– Sexual exploitation of a minor,
- A.R.S. § 13-3554– Luring of a minor for sexual exploitation
- A.R.S. § 13-1402– Second conviction of indecent exposure to a minor younger than age 15
- A.R.S. § 13-1403(B)– Second conviction of sexual indecency to a minor younger than 15
- A.R.S. § 13-1403– Third, or subsequent conviction of public indecency, regardless of the age of the victim
- A.R.S. §§ 13-3822; or A.R.S. 13-3824– Violation of sex offender registration requirements
- A.R.S. § 13-3561– Unlawful age misrepresentation
- A.R.S. § 13-3560– Aggravated luring of a minor
- A.R.S. § 13-1428– Sexual extortion of a minor younger than 15
- A.R.S 13-1303– Unlawful imprisonment if the person is younger than the age of 18 and not committed by the parent
- A.R.S. 13-1304– Kidnapping if the minor is under the age of 18 years old and was not committed by the parent.
Other Consequences of Having to Register as a Sex Offender
Regardless of your assigned risk level, you will also face other consequences of having to register as a sex offender. You will have to continue to register annually and every time that you move. If you work in another county for 10 or more days, you will also have to register in that county.
All sex offenders in Arizona are required to get a special driver’s license. This license looks the same as other driver’s licenses. However, when police run the number on your license, they will see that you are a registered sex offender. You must renew this special license every year. If you fail to renew it at the required time, you can be charged with a felony.
Finding a place to live or changes to where you currently live can also be affected. For example, if renting a house, it might be against your contract with your landlord. This can lead to an immediate eviction.
Sex offender registration is also expensive. You will be required to pay an initial fee for the registration of $250. You will then have to pay a $100 fee for the special driver’s license each year when you renew it.
Getting Relief from the Sex Offender Registry
Some sex offenders will be able to obtain relief from the registration requirement. For example, people who are adjudicated as delinquent while they are minors for sex offenses may be required by the judge to register as sex offenders. However, this registration requirement will end when the juvenile reaches age 25 under A.R.S. § 3821 (D).
Under A.R.S. § 13-3826, people who are convicted of sexual conduct with a minor who was age 15 to 17 at the time of the offense may be able to petition the court for relief from the sex offender registry. To be eligible under this statute, you must have been younger than age 22 at the time of the sexual conduct, the sexual conduct must have been consensual, and you must have completed the terms and conditions of your sex offender probation without any violations. You also must not have committed any felonies during the time since you were convicted of this offense or any other sex offenses, including misdemeanors. You also must not have been deemed to be a sexually violent predator, and your offense cannot have involved more than one person. Finally, you must not have been sentenced to prison for your offense.
The third category of people who may be able to gain relief from the registration requirements are people who were charged and convicted as adults for certain types of sex crimes that they committed when they were younger than age 18. The court can terminate the registration requirement for these people once they complete probation. However, the court is not required to do so.
Get Immediate Help from Sex Crimes Defense Lawyers at DM Cantor
Sex offender registration requirements can cause severe consequences. Depending on your offense and sex offender level, you may have to register for the rest of your life. If you are facing charges of committing a sex offense but have not been convicted, getting help from an experienced sex crimes lawyer is crucial. An attorney might be able to help you avoid being convicted of a sex offense so that you will not have to register as a sex offender.
If you have already been convicted and are eligible to have your registration terminated, a defense attorney can help you to file your petition in court and can represent you at your hearing.
Finally, if you have violated the sex offender registration laws, an attorney may be able to defend against the charges. Contact DM Cantor today to schedule a confidential and free consultation by calling us at (602) 307-0808.