Collateral Consequences of a Sex Crimes Charge or Conviction
Electronic Monitoring While On Release:
In Arizona, a Judge is allowed per ARS 13-3967 to order an electronic monitor or “Ankle Monitor” to be worn while a person is on release for a Sex Crime. It is mandatory to be worn by all people who are charged under ARS 13-1400 et seq. or ARS 13-3500 et seq., if they are actually released on Bail or on their Own Recognizance. However, under ARS 13-3967(E)(1), it states “electronic monitoring where available.” Although Maricopa County has monitoring, many outlying counties do not, and this requirement is not enforced. At the conclusion of the case (i.e., when sentencing has been Imposed), the electronic monitoring requirement is usually removed.
Sex Offender Terms After Conviction:
Upon Conviction, Standard Conditions of Probation are issued under the Uniform Conditions of Supervised Probation. These normally run from Terms 1 through 15. In regard to Term 15 as it relates to Sex Crimes, there is usually three different subcategories. These include: (1) Sex Offender Terms; (2) Computer Usage Terms; and (3) Sex Offense Registration Terms.
General Sex Offender Terms:
As to General Sex Offender Terms, this includes the requirement that a Defendant secure prior written approval of the Probation Officer before going near any schools, parks or recreation areas where children under the age of 18 may be located. In addition, the Defendant must obtain prior written approval before dating, or socializing, or entering into any sexual relationship with a person who has children under the age of 18. The Defendant also has to provide the make, model and license plate number of any car they drive, and they must obtain written permission before using any device that has internet accessible capability. These are some of the more onerous terms that are imposed by the Probation Department.
Computer Usage Terms:
Computer Usage Terms includes requirements that the Probation Officer be allowed to monitor any personal computers or professional computers (if self-employed). The Defendant is also limited to using all printers, scanners and copy machines for lawful purposes only. The Defendant is also required to turn over all passwords for personal computers, and all accounts for cell phones, internet service providers, etc. In addition, the Probation Officer is allowed to monitor or seize any personal or professional computers (if self-employed), and the Defendant is required to install at their own expense software which allows the Probation Officer to monitor their activities on those computers.
Sex Offense Registration:
Registering as a Sex Offender is required under ARS 13-3821. This includes any types of crimes, but the main ones are included in ARS 13-1400, et seq. This includes Sexual Abuse, Sexual Conduct with a Minor, Sexual Assault, and Molestation of a Child, among others. In regard to ARS 13-3500, et seq., this includes Sexual Exploitation of a Minor, Luring a Minor for Sexual Exploitation, and Commercial Sexual Exploitation of a Minor, among others.
There are many requirements once a person has to Register as a Sex Offender. Among these, are the requirement to sign and affix an electronic fingerprint and provide identifying information to the Department of Public Safety. This also includes providing blood or bodily substances for DNA analysis. After the initial Registration, the person must Register each and every year during the month of their birth. They have to go to the local Sheriff in the County in which they reside, and they have to obtain a new ID/Driver’s License with DMV every single year. This means, a person has to annually update their address and photograph with the DMV.
Other requirements are providing all “Online Identifiers” of forms on which the Defendant visits. Such as Instagram, Facebook, LinkedIn, etc. Also, a person who is a student or employee at a public or private educational institution, must notify the Sheriff of that particular employment in the County in which they are located. At DM Cantor, we always provide a complete list of requirements once somebody has been sentenced for a Sex Crime. In addition, we help our Clients fulfill those requirements.