Aside from imposing very harsh punitive measure upon people who have been convicted of sex offenses, Arizona Law also imposes very long lasting effects after a sex offenders term of probation or imprisonment is completed. Specifically, A.R.S. 13-3821 requires that any person convicted of:
1. Unlawful imprisonment pursuant to section 13-1303 if the victim is under eighteen years of age and the unlawful imprisonment was not committed by the child's parent.
2. Kidnapping pursuant to section 13-1304 if the victim is under eighteen years of age and the kidnapping was not committed by the child's parent.
3. Sexual abuse pursuant to section 13-1404 if the victim is under eighteen years of age.
4. Sexual conduct with a minor pursuant to section 13-1405.
5. Sexual assault pursuant to section 13-1406.
6. Sexual assault of a spouse if the offense was committed before August 12, 2005.
7. Molestation of a child pursuant to section 13-1410.
8. Continuous sexual abuse of a child pursuant to section 13-1417.
9. Taking a child for the purpose of prostitution pursuant to section 13-3206.
10. Child prostitution pursuant to section 13-3212, subsection A or subsection B, paragraph 1 or 2.
11. Commercial sexual exploitation of a minor pursuant to section 13-3552.
12. Sexual exploitation of a minor pursuant to section 13-3553.
13. Luring a minor for sexual exploitation pursuant to section 13-3554.
14. Sex trafficking of a minor pursuant to section 13-1307.
15. A second or subsequent violation of indecent exposure to a person under fifteen years of age pursuant to section 13-1402.
16. A second or subsequent violation of public sexual indecency to a minor under the age of fifteen years pursuant to section 13-1403, subsection B.
17. A third or subsequent violation of indecent exposure pursuant to section 13-1402.
18. A third or subsequent violation of public sexual indecency pursuant to section 13-1403.
19. A violation of section 13-3822 or 13-3824.
20. Unlawful age misrepresentation.
21. Aggravated luring a minor for sexual exploitation pursuant to section 13-3560.
register with the sheriff in the county that they reside.
The Registration Requirements
If an individual is required to register as a sex offender, they must:
1. Register their address with the county sheriff within seventy two hours of being released from custody;
2. Register their new address within seventy two hours of moving;
3. Register a new address within seventy two hours of moving from one county to another
4. Update their drivers license every year with the division of motor vehicles
Terminating Sex Offender Registration
For many people, the stigma associated with conviction for a sex offense is compounded by the community notification requirements imposed by our legislature. Depending upon the classification level, sex offender registration may result in your picture and personal information being placed on a law enforcement website, fliers containing a photograph, address and case information to neighbors, schools, community groups and prospective employers or finally, having your personal information shared by various law enforcement agencies.
Given the difficulties caused by sex offender registration and subsequent community notification, many people inquire about terminating their requirement to register as a sex offender. Fortunately, the State of Arizona does provide relief to certain people who would otherwise be required to register as a sex offender for the rest of their lives. These include:
1. People Who Have Adjudicated Delinquent of Sex Offenses in Juvenile Court:
Any duty to register for a juvenile adjudication terminates when the person reaches twenty-five years of age.
2. Offenses Committed Before a Person's Eighteenth Birthday:
Often, people commit certain sexual offenses when they are under the age of 18 but are then prosecuted as adults and incur an adult criminal conviction. In these scenarios, the court may order the termination of any duty to register under this section on successful completion of probation if the person was under eighteen years of age when the offense for which the person was convicted or adjudicated guilty except insane was committed.
3. The "Romeo and Juliet Law:"
In some instances, a young adult may find themselves prosecuted for a sexual offense after engaging in consensual sexual activity with someone who is between fifteen and seventeen years old. Here, Arizona Law states:
A. A defendant who is convicted of a violation of section 13-1405, who is required to register pursuant to section 13-3821 and who successfully completes a term of probation may petition the court for an order to terminate any duty to register and shall serve a copy of the petition on the prosecutor. In the petition, the defendant shall avow, under penalty of perjury, all of the following:
1. The defendant was under twenty-two years of age at the time the offense was committed.
2. The victim was fifteen, sixteen or seventeen years of age at the time of the offense.
3. The sexual conduct was consensual.
4. The defendant did not violate any of the sex offender terms of the defendant's probation.
5. The defendant has not subsequently committed another felony offense or any offense included in chapter 14 or 35.1 of this title.
6. A court has not determined that probable cause exists to believe the defendant is a sexually violent person pursuant to title 36, chapter 37 or that a sexually violent person proceeding pursuant to title 36, chapter 37 is not currently pending.
7. The violation did not involve more than one victim.
8. The defendant was not sentenced to a term of imprisonment in the state department of corrections for the offense for which the defendant was required to register.
A petition to terminate sex offender registration must be filed with the court and a hearing must be held prior to the termination of any registration requirements.
Undoubtedly, registering as a sex offender presents a lifetime of issues and difficulties for people who have already paid a significant penalty following conviction. If you fall into one of the three categories mentioned above, please contact my office to discuss your legal rights and the possibility of terminating registration. I can be reached directly at (480) 833-8613 during regular business hours, nights and weekends.
Certainly, Sexual Offense cases are very complex and require representation from an attorney who regularly practices criminal defense in Arizona. I have represented numerous people during the last fifteen years who have been arrested and charged with various sex crimes. If you or someone you know has been charged with a sex offense in Phoenix, Mesa, Scottsdale, Chandler, Gilbert or Tempe, Arizona, call (480) 833-8613 for a free consultation.