In accordance with the Adam Walsh Act, most US states classify sex offenders into three different levels (tiers) based on the crime committed and the possibility of committing the same sex offense again.
And while tier 1 sex offenses are usually less severe, and tier 3 includes the most serious, tier 2 sex offenses belong to an intermediate category and carry a potential for prison time of at least one year or more.
But there are other important criteria associated with a tier 2 sex offender. Read on for the specifics as we take a closer look at them.
What Is a Level 2 Sex Offender in the USA?
A level 2 sex offender in the US generally refers to persons who have been convicted of more serious sex offenses, including crimes against a minor. Unlike a tier 1 sex offender, a person classified under tier 2 is often penalized with more than one year of imprisonment.
Contrary to popular belief, tier 2 sex offenders are usually associated with non-violent sex crimes. However, they do carry a significant risk when it comes to the possibility of recidivism which is why they are required to register as sex offenders with their respective jurisdictions.
Finally, a tier 2 sex offender is believed to pose a moderate degree of danger to the public. This, however, does not mean that they are exempt from complying with the residency and employment restrictions imposed by the state they live in.
How Long Does a Tier 2 Sex Offender Have to Register?
The registration requirement for tier 2 sex offenders is typically 25 years (or 10 years for minors). They must also report for verification at least twice per year.
Registration should be conducted within three days of release from a correctional facility or conviction of a sex offense. Upon initial registration, level 2 sex offenders are required to submit information such as their name, address, recent photo, vehicle information, and other details deemed relevant by the respective law enforcement agency.
Additionally, tier 2 sex offenders must update any changes in residence or contact information with the appropriate law enforcement officials, typically within three days of moving or leaving town for an extended period of time. Failure to comply with these requirements can result in additional penalties.
Last but not least, registration periods vary across states.
Under California sex offender laws, for instance, all sex offenders were required to register for life, but as of January 2021, they are required to register for a minimum of 20 years before becoming eligible to petition for removal.
SORNA, on the other hand, requires that sex offenders that satisfy the tier 2 criteria are kept on the registry for 25 years.
Convictions That Can Result in Becoming a Level 2 Sex Offender
In order for someone to become a level 2 sex offender, they must first stand trial and be convicted of a sex crime that falls into that category.
Sexual offenses that drive someone to tier 2 can vary in severity but generally include relatively serious sex offenses, such as solicitation of a minor, distribution of child pornography, and some cases of lewd and lascivious acts.
Here’s a list of sex crimes that may render someone a tier 2 sex offender:
- Solicitation of minors to practice prostitution
- Production and/or distribution of child pornography
- Any offense against minors involving sexual contact
- Crimes against nature
- Sex trafficking and transportation of minors with the intent to engage in illegal sexual activity
- Sexual acts and/or sexual contact with minors ages 12-15 years old
- Coercion and enticement or other criminal sexual act where the victim is under the age of 18
- Sex offenses by a person in a position of authority over the victim, including teachers, babysitters, guardians, parents, coaches, foster parents, and others
- Attempt or conspiracy to commit any crime classified under tier 2
- A second sexual offense committed by a person already convicted of a Tier 1 offense
Note that these are some of the most common level 2 sex offender examples. Every state has a unique classification system and is free to choose how they categorize such crimes and how they organize its sex offender tiers.
What Are the Restrictions for a Level 2 Sex Offender?
Since tier 2 sex offenses are generally nonviolent but may include offenses against minors, there are additional limitations on where a sex offender is permitted to live, which locations they are allowed to visit or congregate, and which activities they are allowed to do.
Usually, these restrictions are passed and enforced at a local level and later on implemented at a state level. It’s important to note that across the 50 states, limitations vary, but they often apply to:
- Living arrangements or the proximity of a tier 2 sex offender’s residence to schools, playgrounds, and other areas populated by children; Usually, the same restrictions apply to all offenders, including level 3.
- Occupational restrictions which may prevent a level 2 sex offender from getting certain types of employment or volunteer positions;
- Travel restrictions have to do with the limitation of travel outside of the sex offender’s state or county without prior approval.
- Internet use restrictions may limit access to certain websites or even prevent a tier 2 sex offender from using social media accounts in some cases;
- Custody restrictions which usually modify visitation rights and other arrangements between convicted tier 2 sex offenders and any minors in their life, such as family members.
Given the above, it should be noted that often sex offenders assume false identities in order to bypass the limitations imposed on them. If you’re an employer or a concerned citizen and you have a valid reason to believe that someone in your area is a sex offender, we recommend you hire a criminal background check company, just to be on the safe side.
The Takeaway
While tier 2 sex offenders are usually associated with non-violent sex crimes, they do carry a significant risk of recidivism, and so they are required to register as sex offenders with their respective jurisdictions.
And even though they are believed to pose a moderate degree of danger to the public, they are not exempt from complying with the residency and employment restrictions imposed by the state they live in.
