Anyone who commits a sex offense in Arizona must register as a sex offender. Examples of sex offenses include sexual assault, fondling or groping without consent, child molestation, and indecent exposure. With this variance of offenses, it is crucial to point out that not all sex offenses are treated equally. If you’re convicted of a sex crime, your level as a sex offender is based on your level of risk to the community.
An agency administers an assessment to determine your level of risk, and your score on the assessment determines the sex offender level you must register within. If you are facing charges for a sex crime, contact us today for a free legal consultation with an experienced lawyer to determine the potential consequences of registry on your future.
General Sex Offender Information
A person who is convicted of certain sex offenses in Arizona is considered a sex offender. This means their actions have the potential to extend beyond the original crime, and thus, a designation should potentially stick with them for life. If you are convicted of certain sex offenses, you must register as a sex offender with the county sheriff in the county where you live within 10 days of the conviction or adjudication. This does not apply in cases of insanity.
The following are examples of sex offenses that can require registering as a sex offender in Arizona:
- Unlawful imprisonment (restraining another person) if the victim is under age 18
- Kidnapping a victim under the age of 18 when you are not the parent
- Sexual abuse of a victim under the age of 18
- Sexual assault
- Sexual conduct with a minor
- Sexual assault of a spouse committed before August 12, 2005
- Molestation of a child
- Continuous abuse of a child
- Taking a child for the purpose of prostitution
- Child prostitution
- Child sex trafficking committed on or after August 9, 2017
- Commercial sexual exploitation of a minor (child pornography)
- Sexual exploitation of a minor (can include online exploitation)
- Luring a minor for sexual exploitation
- Indecent exposure to a person under 15 years old, second violation
These are just some of the crimes that warrant registering as a sex offender. If you are convicted, you must register using your photograph, name, exact address, criminal history, and fingerprint. If you move to a different county, you must register in that county. If you are convicted of a sex offense in another state, that information will be transferred to the database of your current county.
Determining Sex Offender Levels in Arizona
Within 72 hours of being released from prison, local law enforcement will give you a risk assessment for your sex offense. This assessment is called the Arizona Sex Offender Assessment Screening Profile and determines your level of risk for recidivism (offending again) based on your crimes. Along with your risk assessment, you must also include your identifying information and confinement release date in your sex offender profile.
The risk assessment is based on 19 different criteria, and each is assigned a designated number of points. The criteria align with a series of questions asked by the proctor.
Some criteria for the assessment include:
- Previous convictions
- Relationship to the victim
- Use of force
- Drug and alcohol usage
- The offender’s mental or cognitive impairment.
Once the assessment is completed, the points are totaled, and you are given your sex offender risk. The higher the number of points, the higher the risk. If you are convicted of a sex offense requiring registration, you must register within the allotted time and take the assessment. If you refuse to do either, you could be convicted of a felony.
An Overview of Tiers For Convicted Sex Offenders
There are three tiers for convicted sex offenders based on the risk assessment: level one, level two, and level three.
- Level one is a low sex offense risk as well as a low risk for repeating an offense.
- Level two is an intermediate sex offense risk, which translates to an intermediate or high general risk of recidivism.
- Level three is a very high-risk sex offense with a high risk of repeating the offense.
In addition to being given a sex offense level, there are also certain community notification requirements depending on the level. For instance, if you are a level one offender but were convicted of a dangerous crime against a child, the community must be notified in a non-electronic format, such as a flier. The community, in this case, includes the surrounding neighborhood, schools, community centers, prospective employers, and your child’s school if you have legal custody. This is also true for level two and three offenders.
Whether the court continues, defers, or terminates the community notification requirement is determined after a hearing is held.
Level One Sex Offenders
A level one sex offender is considered the lowest-risk sex offender in both levels of sex offense and chances for recidivism. While all sex offenders must register with their state, information about level one sex offenders is only circulated among the law enforcement agencies within the county instead of the general public. This, however, is only true if the offender did not commit a dangerous crime against a child.
Level Two Sex Offenders
Level two sex offenders are at a higher risk than level one but do not have as great a risk of recidivism as level three. Level two sex offenders must also register with their local law enforcement agency, and they will then disseminate that information to the community. As mentioned, if the offense is dangerous and against a child, this information will be in electronic and non-electronic formats.
Level Three Sex Offenders
Classification as a level three sex offender is the most serious, as they pose the highest risk for recidivism. These individuals score high on the assessment with scores above 31 for sex offense risk and above 45 for general recidivism risk. These offenders can also score in the very high range for either sex offense or general recidivism risk.
For example, they may have tortured their victims, have a long history of sex offenses, abuse drugs and alcohol, remain unemployed, or may have caused bodily harm during the sex offense.
Level three sex offenders must register with their sheriff’s office or local law enforcement agency, and the agency notifies the community. Flyers are handed out door to door to homes, schools, and places where children may gather and include the offender’s photograph, name, address, and criminal history. The offender’s employer is also notified of their status.
Further Consequences For Sex Offenders
Most sex offenses in Arizona are felonies and will often result in jail time. The amount of time the offender serves depends on the type of offense they commit. Sexual assault, for example, results in increased punishment and is considered a class 2 felony. For that reason, a person convicted of sexual assault can serve between 5 and 14 years in prison. This sentence may increase if the offender has a prior history of sexual assault or any other prior felony convictions.
Dangerous crimes against children are also class 2 felonies and result in the longest sentences. They are sexual offenses that involve children under the age of 15, including molestation, sexual conduct, sexual abuse, and sexual assault. Because children under 15 are unable to consent, the crimes against them are considered more grave. If the victim is under the age of 12, the offender could face life in prison.
Some sexual offenses result in shorter prison sentences. These include indecent exposure and public sexual indecency. These offenses are class 1 misdemeanors unless the victim is under the age of 15. Whether the offense is a felony or a misdemeanor, the punishment will often result in jail time.
In addition to serving prison time, having a permanent record, and being required to register as a sex offender, there are other consequences of being convicted of a sex crime in Arizona.
Residence Restrictions for Convicted Sex Offenders
Some sex offenders will have restrictions placed on where they can live, depending on their offense level. For example, level three sex offenders are unable to live within 1000 feet of a school if they are convicted of a dangerous crime against a child.
In addition to the crimes stated above, other dangerous crimes against children include child trafficking, commercial sexual exploitation of a child, aggravated assault resulting in serious bodily injury, unlawful age misrepresentation, and kidnapping.
Obtaining a Special Driver’s License
Sex offenders will be given a special driver’s license once they are convicted and after their release from prison. These driver’s licenses appear identical to normal licenses except that they indicate the offender’s sex offender status. If the offender refuses to obtain this license or renew it every year, they can be convicted of a class 6 felony and fined $250.
Future Employment Impacts
If you are a level three sex offender, your future employers will be notified of your sex offender status. Also, you may be restricted from certain types of employment, including those involving close contact with children.
Conviction as a sex offender has heavy consequences in addition to jail time and having to register as a sex offender. Convictions can follow you wherever you go. Some landlords may deny you residency if you are a registered sex offender. It is important to know and understand these stipulations when deciding where to live and work.
Can You Be Removed From the Sex Offender List?
If you are convicted of a sex offense, you may wonder whether your name can be removed from the sex offender list. The short answer is that it is highly unlikely. Sex offenders are typically required to register for life, especially with prior convictions. It is also important to note that you only need to register if you are convicted of a sex offense, not if you are charged.
In some cases, you may be able to be removed from the sex offender list. If you are a delinquent – that is, if you were a juvenile when you committed the sex offense – you will be removed from the registry when you are 25 years old.
Further, although sexual conduct with a minor is considered a sex offense, you may be granted relief from the sex offender registry if the minor was between 15 and 17 years old and you were under 22 years old at the time of sexual conduct, you have not committed any other felonies or sex offenses at the time of your conviction, and you completed the terms and conditions of your parole.
Sex Offender FAQs
Persons convicted of a sex offense may have many questions regarding their status as a sex offender. We’ve addressed many of the top questions above.
However, here are some additional insights that might help answer any lingering questions you have.
Facing a Sex Offence Charge? Contact The Valley Law Group Today
If you are convicted of a sex offense in Arizona, do not hesitate to seek legal help. The top-rated criminal defense lawyers here at The Valley Law Group can help you navigate the laws and consequences related to your specific offense.
Contact us today for more information and to schedule a consultation with our team.-
Resources:
- Arizona State Legislature. (n.d.). ARS 13-3821 – Notification of sex offender registration requirements. Retrieved from https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/03821.htm
- Arizona State Legislature. (n.d.). ARS 13-3825 – Community notification for sex offenders. Retrieved from https://www.azleg.gov/ars/13/03825.htm
- Arizona Department of Public Safety. (n.d.). Arizona sex offender assessment screening profile. Retrieved from https://img1.wsimg.com/blobby/go/10be1f51-df7e-409e-9193-4fa0adfb7286/downloads/AZ-Sex-Offender-Assessment-Screening-Profile-1.pdf?ver=1731245312126
- Arizona State Legislature. (n.d.). ARS 13-1406 – Sexual assault. Retrieved from https://www.azleg.gov/ars/13/01406.htm
- Gilbert Police Department. (n.d.). Sex offender information. Retrieved from https://www.gilbertaz.gov/departments/police/crime-prevention/sex-offender-info
- Arizona State Legislature. (n.d.). ARS 13-3826 – Internet sex offender website. Retrieved from https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/03826.htm
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
Read More About Jonathan Roeder