When it comes to sex crimes, the accusation alone can be frightening and harmful. Although defendants are innocent until proven guilty, sex crime allegations often come with significant social implications. If you are convicted of a sex crime, these difficulties can be compounded by legal penalties like the sex offender registry, potentially impacting your ability to find and maintain employment, housing, and more.
ARS 13-3821 is a key Arizona law pertaining to sex offender registration. Understanding how this law could impact you or a loved one after sex crime allegations can help you navigate the fight ahead of you in court. Fortunately, you won’t need to take this journey alone; The Valley Law Group has the knowledge and experience you need to protect your rights and restore your freedoms.
What Is ARS 13-3821?
Arizona Revised Statutes Title 13, Criminal Code 3821, or ARS 13-3821, refers to Arizona’s law concerning requirements regarding those who must register as a sex offender. It states who must register as an offender and outlines the registration process. Penalties for failing to register are also outlined in this comprehensive statute.
The legal intent of this statute is to keep the public safe by making them aware of those who have committed and have been convicted of sex offenses. As these individuals are required to register their personal information with law enforcement and update it with any changes, law enforcement can track them in an effort to prevent future incidents. Additionally, the statute ensures that information regarding the offender is available to the public.
Who Must Register Under ARS 13-3821?
According to ARS 13-3821, a person is required to register as a sex offender if they were convicted of any of these offenses:
- Sexually abusing a person under the age of 18
- Sexual conduct with someone under the age of 18
- Sexual assault
- Using a child for prostitution
- Continually sexually abusing a child
- Molesting a child
- Sexually assaulting a spouse if committed before August 12, 2005
- Prostitution of a child, if committed before August 9, 2017
- Indecent sexual exposure to the public
- Aggravated luring of someone under 18 for the purpose of sexually exploiting them
- Child sex trafficking
Individuals convicted of either a felony, a sex offense, or an attempted sex offense must register for the time period dictated by the state. Juvenile offenders must register until they reach the age of 25 or until the court determines that they no longer need to register due to completing sex offender juvenile probation. Adult offenders living in the state of Arizona, either permanently or temporarily, must register with the local police.
Sex Offender Classification
In Arizona, there are three levels of sex offenders depending on risk assessment:
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- Level One – Level one sex offenders committed a lower-level sex crime and demonstrate a low risk of committing another offense.
- Level Two – Level two sex offenders have an intermediate sex offense risk and have committed a low to medium-level sex crime.
- Level Three – Level three sex offenders perpetrated an extreme or severe sex offense and have a high risk of repeating a sex offense.
Registration Requirements
To register as an offender, the individual must go to their sheriff’s office in their county of residence. Arizona sex offender registration law requires completion within ten days of conviction or within ten days of deciding to stay in the county.
Other sex offender registry requirements in Arizona include:
- Giving a full name and address
- Updating that address if any changes occur
- Yearly driver’s license renewal with an updated picture and personal information
- First-time registration fee of $250
- Yearly renewal fee of $100
According to another statute, ARS 13-3822, in the event that a name change or a change of address occurs, the person must inform the sheriff’s office within a 72-hour timeframe after the change has happened, not counting weekends. If the move involves relocating from one county to another, both county sheriff’s offices must be notified of the change.
The updated information must be provided in both written and verbal forms. Failure to provide updated information within 72 hours could result in a charge of failing to register as a sex offender.
Consequences for Failure to Register
Failure to register as a sex offender in Arizona can result in a class 4 felony as outlined in ARS 13-3824. These penalties depend on the manner in which the law was violated.
Some potential penalties include:
- Failing to obtain an updated driver’s license each year can result in a Class 6 felony.
- For those with a prior conviction, failure to register can result in jail time ranging from 9 months to 2.75 years, as per ARS 13-703.
- Failure to register after two prior convictions can result in jail time from 2.25 years to 5.75 years, as dictated by ARS 13-703.
Common issues that can cause failure to register include moving out of the area due to the end of a temporary job. For instance, if a person is in an Arizona county for a short-term job and then moves back to their place of residence, they may fail to notify the Department of Public Safety of their new address.
Other issues may include a poor understanding of the registration requirements, fearing the stigma, attempts to avoid the impact on employment and housing restrictions, or an unexpected event such as a medical emergency.
Potential Registry Complications
If the person convicted of a sex offense does not live in Arizona but has a prior conviction, it may still be a requirement to register in the state if they meet certain criteria. For example, if the individual worked in the state for at least 30 days of the year, they must register as a sex offender in Arizona. Similarly, if they were a student for at least 14 consecutive days or more than 30 days in one year, they must register in the state.
Can You Be Removed from the Registry?
ARS 13-3826 enables those convicted of a sex offense to petition the court to have their name removed. This law pertains to individuals who have been convicted of sexual conduct with someone under the age of 18.
However, it is important to note that the individual must be able to prove that the following circumstances are true in accordance with ARS 13-3826:
- That they were 22 or younger when the offense took place.
- The age of the victim was either 15, 16, or 17 when the offense took place.
- The sexual acts were consensual.
- No violations were committed against the sex offender’s terms of probation.
- No other felonies or sex offenses have been committed since the original offense.
- The offender is not considered sexually violent according to Title 36, Chapter 37, and has no pending legal proceedings.
- The offense only involved one victim.
- The offense did not result in a prison sentence.
When filing a petition to end their obligation to register, the offender must present a copy of the petition to the prosecutor. The prosecutor will be required to alert the victim of the petition. The court will then schedule a hearing to assess both sides.
During the hearing, the state must demonstrate that the defendant’s public statements are untrue. If it is not possible to prove this, then the court is obligated to grant the petition unless the court determines that to do so would be putting the public’s safety at risk.
Other legal options are available for individuals who wish to terminate their obligation to register. A Petition for Reclassification involves a criminal defense lawyer petitioning to minimize the classification level. For this to be successful, the defendant must demonstrate that they have been rehabilitated and have previously followed the rules for registration.
Modifications of a Community Notification may be another option for those who qualify. A criminal defense lawyer can assist in making these modifications.
Legal Defenses and Your Rights
If you would like to terminate your obligation to register as a sex offender, it is crucial to know your rights and the defense strategies available to you depending on your situation.
Violation of Rights
Your attorney can review the details of your case to determine whether any of your rights were violated by law enforcement. If any of your rights were violated, your obligation to register could be terminated.
For example, if police fail to notify you of your rights before questioning, a lawyer can help you file a motion with the court to challenge the validity of the evidence against you. Similarly, if you were unable to seek legal counsel before questioning by police, then you may assert that your right to an attorney was denied.
If law enforcement does not allow you to obtain legal counsel or fails to notify you of your rights, securing the services of a sex offense attorney is crucial. Your lawyer can advocate for your rights, challenging the validity of any statements or evidence incriminating you.
Other Procedural Errors
Defense against a sex offender registry classification does not always involve asserting that law enforcement intentionally violated your rights. Procedural errors can be a potential avenue to construct a defense. For example, if a search warrant was granted to search your home and officials made mistakes during the investigation, contact an attorney immediately. A skilled lawyer can challenge the validity of evidence used against you and potentially even reverse your conviction.
It is important to recognize that these avenues are rarely easy or straightforward. Representing yourself could prove to be a great risk, particularly if you are unfamiliar with Arizona laws concerning sex offender registration. An Arizona sex crime defense attorney can assist you in examining the circumstances of your case and applying the most effective legal defense strategy.
Why Choose The Valley Law Group?
If you have been accused of a sex crime in Arizona, it is important to seek legal counsel to develop an understanding of the charges against you and the potential penalties you may face.
The Valley Law Group’s team of sexual assault lawyers has successfully handled hundreds of sex crime cases for clients in Phoenix, Scottsdale, Gilbert, and Peoria. Our skilled attorneys can craft a tailored defense for your unique situation and effectively protect your rights. Together, we can help you ensure that you can achieve a bright future.
Securing the services of a qualified criminal defense lawyer is one of the wisest choices you can make, whether you are facing new charges or have violated your probation. Our award-winning attorneys can review the circumstances of your case and ensure you are taking the correct steps to preserve your freedom. We will thoroughly investigate your case, conduct any necessary research, and gather any pertinent evidence to build an effective defense strategy.
Contact an Arizona Criminal Defense Lawyer Today
Whether you have been charged under ARS 13-3821 or are struggling with registration requirements, The Valley Law Group can help. Learn more about how our experienced Arizona criminal defense attorneys can help protect your rights – contact us to schedule your free consultation today.
Sources:
- Arizona Revised Statutes § 13-3821. (n.d.). Sex offender registration; applicability; notice. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/03821.htm
- Arizona Revised Statutes § 13-3826. (n.d.). Petition to terminate sex offender registration; hearing; notice. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/03826.htm
- Arizona Revised Statutes § 13-3824. (n.d.). Failure to register; classification; termination. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/03824.htm
- Arizona Revised Statutes § 13-3822. (n.d.). Initial registration; change of address or name; reporting requirements. Retrieved March 31, 2025, from https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/03822.htm
- Arizona Revised Statutes § 13-703. (n.d.). Repetitive offenders; sentencing. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/00703.htm
Jon McCarty has broad experience in a wide variety of family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. Jon then spent several years practicing in a large law firm in Chicago, before starting his own multi-state practice concentrating in family and criminal law.
