We’ve all heard the term sex offender. Some have heard it on the news, TV, or social media, and others from their next-door neighbor informing them the new tenant is a sex offender and a tier 2 for that matter.
Naturally, if you haven’t had a personal experience with such an individual and are not an attorney at law, you probably needed to search the term.
So, what are sex offender tiers? Read on to learn everything there is to know about the different levels of sex crimes.
Sex Offender Registration and Tiers – A Brief History
In 2006, President Bush signed the Adam Walsh Child Protection and Safety Act, a law that not only aims to protect children from sexual and related violent crimes, including child pornography, but also imposed the creation of sex offender registries.
Moreover, the law committed all 50 states, including the District of Columbia, to maintain sex offender registries that will be open to the public, stipulating that jurisdictions that fail to meet this requirement will risk losing federal funding.
And so, by 2009, sex offender registries were established at both state and federal levels. In fact, thanks to the registries, we now know that the total number of registered sex offenders in the US is 917,771.
In addition, the law requires that the U.S. attorney general of the respective state issues guidelines and regulations that will divide or classify sex offenders into three tiers or levels. In order words, to establish a system of classification of sex offenders based on the severity of the crime, which will, in turn, dictate the duration of registry periods for sex abusers.
Types of Sex Offenses by Tier
Public urination and rape or any other violent sexual assault are all considered sex offenses. But, of course, the gravity of each is not the same.
This is why, depending on the seriousness of the offense and the possibility of recidivism, sex offenders are divided into three tiers, or tiers 1, 2, and 3.
And registration requirements, or the length of time the sexual abuser will be required to report to the relevant agency, is different for all three.
Tier 1
A person who has been convicted of a sex offense that is deemed of the lowest risk of repeat is usually listed in the tier 1 category. In reality, the act committed by this person leans more toward sexual misconduct than sexual offense. Consequently, the registration period for this level of sex offender is up to 15 years.
In addition, tier 1 typically involves non-violent offenses, with a low degree of threat or danger posed to the public. And, in most cases, the victim is of age or over 18. Therefore, most states do not provide public information about these individuals.
Instead, many choose to share the personal information of a tier 1 sex offender only with relevant institutions such as municipalities, state police departments, the Federal Bureau of Investigation, correctional facilities, youth services, parole boards, etc.
As far as sexual offenses pertaining to tier 1 go, they may include but are not limited to:
- Sexual battery
- Public indecency
- Crimes against minors, or indecent behavior with juveniles
- Non-penetrative sexual contact without the victim’s permission
- Offenses related to the act of voyeurism
- Possession of child pornography
- Crimes against nature, including sexual abuse of an animal
Tier 2
This level usually involves persons who have committed an offense after previously being registered as tier 1 or have committed sexual offenses against minors or several indiscretions of the same nature. It may also include but is not limited to a sexual act punishable by more than one year in prison.
Note, however, that if a sex offender is charged for more than one offense of sexual nature, each of which requires six months incarceration, even though they will exceed a penalty of 18 months, the person will not be classified as tier 2.
Instead, they will be categorized as tier 1 because neither of the previous offenses was punishable by more than one year of imprisonment.
Finally, information about tier 2 sex offenders is publicly available in most states, even though the offenses belonging to this level are non-violent, and classified as recidivism or felonies.
Tier 2 sex offenses may involve:
- Attempt/conspiracy to commit any tier 2 crime
- Use of minors in prostitution, including solicitations of minors to practice prostitution
- Sex trafficking and transportation of minors with the intent to engage in illegal sexual activity
- Production or distribution of child pornography
- Sexual acts and/or sexual contact with minors ages 12-15 years old
- Offenses against minors involving sexual contact
- Coercion and enticement or other criminal sexual act where the victim is under the age of 18
- Any additional sex crimes committed by a person convicted of a tier 1 offense
Tier 3
A person classified as a tier 3 sex offender is one that has been convicted of a sexual offense punishable by more than one year of imprisonment. This level is reserved for offenses related to sexual acts that involve penetration. Tier 1 and 2 are more related to sexual contact rather than penetration.
Also, a tier 3 sex offender is committed to lifetime registration and is typically required to verify their information quarterly. The only exception is if the offender is a juvenile delinquent, in which case the length might be reduced to 25 years. But this is only if the juvenile sex offender does not commit any other crime in that period.
The personal data of tier 3 sex offenders, addresses, and photos, including DNA, is publicly available to everyone, not just relevant institutions.
Typically the list of sexual assaults committed by tier 3 individuals includes aggravated offenses such as:
- First, second, and third-degree rape, aggravated rape, forcible rape or any other sexual act carried out through force or threats
- Abusive sexual behavior, including acts where the victim was mentally or physically incapable of declining
- Any sexual act or contact involving children under 13
- Kidnapping or false imprisonment of a minor (unless the kidnapper is a parent or guardian)
- Attempt and conspiracy to commit any of the above
- Any additional sex crimes committed by a person convicted of a tier 2 offense
Sex Offender Tiers by State
In accordance with the Sex Offender Registration and Notification Act (SORNA), states are at liberty to choose whether or not they will label sex offenders in tiers or simply impose lifetime registration and quarterly verification appearances to all. And this includes whether or not the personal information of sex offenders will be posted on the SORNA website.
Moreover, it is one of the reasons why sex offenders’ registration reliefs and requirements vary by state. For instance, until recently, California required all sex offenders to register for life, regardless of the tier they’re listed in. As of recently, the minimum registration requirement in California is 10, 20 years, and life for the three respective tiers.
The sex offender registration requirements in Delaware are in line with federal requirements, or 15 years for tier 1 registrants, 25 for tier 2, and lifetime registration for tier 3. And this is despite the fact that Delaware (specifically Wilmington) is one of the states with the highest number of sex offenders per capita.
The situation in Oregon is similar, with the difference being that tier 1 offenders may petition the court for relief after five years of their sentencing, provided they haven’t committed any other felonies. But in any case, sexual offenders in Oregon are not allowed any contact with minors, are forbidden from communicating with any of the victims of their sex offense, should not use any alcohol or drug, and cannot live within a certain distance of a school zone.
Kansas, which is listed among the top 10 states with 382 sex offenders per every 100,000 people, has life, 25 years, or 15 years, depending on the severity of the sex offense. But Kansas has somewhat different sex offender regulations regarding juveniles. In fact, sex offenders under the age of 14 should register until they are 18 or for 5 years from adjudication or release, whichever comes later.
Finally, Utah, depending on the tier, or whether the offender is placed in Group A or B, imposes a 10-year registration period or life. And while this may appear less restrictive, in reality, Utah is one of the strictest nations for sex offenders, as convicted individuals are not allowed to move to a new address without informing the authorities, switch jobs, work, reside, or simply come near a designated child safety zone.
The Bottom Line
Sex offenders are scary. And the very idea of having a person who’s committed a sex crime live in your neighborhood or building can be terrifying.
But it’s important to understand that not all who have been convicted of sex crimes deserve to be ostracized or persecuted to the same extent. A lot of individuals are classified as sex offenders just because they’ve committed a crime belonging to a sexual category.
This is why sex offender tiers are so important – they provide a system on how courts should punish sexual abusers.
