when i complete probation my charge will be changed to attempted 4th degree csc. will i be required to register on michigans sex offender registry?

Asked on May 27, 2009 under Criminal Law, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

That is something you need to go over with your probation officer and your public defender because you need to be very careful. 

1. http://www.mipsor.state.mi.us/

2. You are most likely required to register (I think for 25 years) with very few exceptions.  You need to talk with your counsel to see if you fit with an exception.

3. Who has to register as a sexual offender in Michigan?
Anyone who resides, works, or is a student in Michigan, permanently or temporarily, for 14 or more consecutive days or 30 days in a calendar year is required to register if any of the following apply:

Anyone convicted of a listed offense after October 1, 1995.

Anyone convicted of a listed offense on or before October 1, 1995, if on October 1, 1995, he/she was on probation or parole, committed to jail, committed to the Department of Corrections, or under the jurisdiction of the juvenile division of the probate court or the department of social services for that listed offense.

Anyone convicted of an offense on or before October 1, 1995, if on October 1, 1995, he or she is on probation or parole that has been transferred to this state for that offense or his or her probation or parole is transferred to this state after October 1, 1995 for that offense.

Anyone who is required to register or otherwise be identified as a sex or child offender or predator under a comparable statute from another state.

4. What are the listed offenses?
Pursuant to M.C.L. 28.722, the following are the listed offenses that require registration in Michigan:

  • Accosting, Enticing or Soliciting a Child for Immoral Purposes (M.C.L. 750.145a);
  • Accosting, Enticing or Soliciting a Child for Immoral Purposes (prior conviction) (M.C.L. 750.145b);
  • Child Sexually Abusive Activity or Material (M.C.L. 750.145c);
  • Crime Against Nature or Sodomy, if the victim is less than 18 years of age (M.C.L. 750.158);
  • Indecent Exposure While Engaging in a Lewd/Lascivious Act (M.C.L. 750.335a(2)(b)), if previously convicted of violation of M.C.L. 750.335a.
  • Three convictions of any combination of:
    • Disorderly Person (M.C.L.750.167(1)(f));
    • Indecent Exposure(M.C.L. 750.335a(2)(a));
  • Gross Indecency Between Male Persons, if the victim is less than 18 years of age and the offender is not adjudicated as a juvenile (M.C.L. 750.338)
  • Gross Indecency Between Female Persons, if the victim is less than 18 years of age and the offender is not adjudicated as a juvenile (M.C.L. 750.338a)
  • Gross Indecency Between Male & Female Persons, if the victim is less than 18 years of age and the offender is not adjudicated as a juvenile (M.C.L. 750.338b)
  • Kidnapping, if the victim is less than 18 years of age (M.C.L. 750.349)
  • Leading, Taking, Carrying Away, Decoying, or Enticing Away Child Under 14 (M.C.L. 750.350)
  • Soliciting, Accosting, or Inviting to Commit Prostitution or Immoral Act (M.C.L. 750.448)
  • Pandering (M.C.L. 750.455)
  • Criminal Sexual Conduct 1st Degree (M.C.L. 750.520b)
  • Criminal Sexual Conduct 2nd Degree (M.C.L. 750.520c)
  • Criminal Sexual Conduct 3rd Degree (M.C.L. 750.520d)
  • Criminal Sexual Conduct 4th Degree (M.C.L. 750.520e)
  • Assault with Intent to Commit Criminal Sexual Conduct (M.C.L. 750.520g) 
  • Any violation of state law or local ordinance that by its nature constitutes a sexual offense against an individual who is less than 18 years of age.
  • Any offense committed by a person who was, at the time of the offense, a sexually delinquent person.
  • Any offense substantially similar to a listed offense under a law of the United States, any state, or any country or under tribal or military law.



IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.