The term ‘sex offender’ would lead one to believe that the people who carry this state-imposed label must all be criminals who are guilty of sex crimes. Crimes perhaps like rape, molestation and child pornography. If so, you will be surprised to learn that isn’t the case at all. In fact, there are a host of crimes that can get your name put on the Michigan sex offender registry , and not all of them are violent. In fact, not all of them even pertain to sex. Find that hard to believe? Stick around…
Michigan has more than 42,700 people on it’s public sex offender registry. That puts us fourth in the nation for having the most people registered as sex offenders. This begs the question: does Michigan have more of a problem than other states with sex offenders? Or does Michigan law perhaps push the boundaries of what constitutes a sexual offense just a little too far? We’re betting on the latter.
In 2012, the American Civil Liberties Union of Michigan filed a lawsuit against Michigan State Police Director, Kriste Etue, and Governor Rick Snyder. The suit was filed on behalf of six Michigan residents, listed as John Does #1-5″ and “Mary Doe”. They were required to register as sex offenders with the state of Michigan. The suit claimed that the law as it stands today, is practically impossible to abide abide by.
Michigan law requires that a person who is on the state’s sex offender registry may not live any closer to a K through 12 school than 1,000 feet. This is decidedly imprecise. Many people, whether or not they are sex offenders, wouldn’t know exactly where that line falls. As the wording in the lawsuit points out, “Is it point to point or property line to property line … as the crow flies or as people actually travel? The zones are not physically marked, and registrants are not provided with maps demarking the boundaries.”
Even certain Judges agree that SORA oversteps the bounds.
According to U.S. District Judge Robert Cleland, Michigan’s registry is actually unconstitutional to some degree. In his 72 page ruling, Judge Cleland struck down several reporting requirements of our Michigan SORA law. This is the same law, mind you, that has been amended on a number of occasions to make it stricter. Judge Cleland says that the law is too vague and difficult to follow. Even law enforcement officials, he points out, aren’t certain of exactly what the law is and how to enforce it.
Other regulations and restrictions struck down by the federal judge included the fact that offenders are required to come in and report in person any new email or instant messaging account they may acquire. The same regulation also requires that offenders notify authorities of any phone numbers that they use regularly, and the license, registration and description of any car, aircraft or other vessel that they use with regularity.
Another issue many people struggle with is the issue of fairness. Is is actually fair for a teenaged boy to be categorized as a sex offender simply because he has consensual sex with his underaged girlfriend? Should a person who is convicted for public urination be featured on the same list as someone convicted of a violent rape? It remains to be seen how this issue is addressed in the future, but whatever changes are made, there are 42,700 people who certainly hope that our SORA law will change for the better. Until then, we will keep a close eye on any changes made to Michigan’s sex offender registry laws, and keep you updated.
If you or a loved one have been accused of a sex crime, contact The Kronzek Firm immediately at 866 766 5245. No matter what your circumstances are, you need to know that you have the right legal defense. Our history of successful defenses, coupled with decades of experience, makes us the right firm to help you navigate this difficult time. Call us today, and speak to one of our skilled sex crime defense attorneys. We are here to help you 24 hours a day, seven days a week, including on holidays.