Tier (Level) 3 Sex Offenders

The estimate that every 68 seconds, someone in the US is being sexually assaulted is not just scary–it’s terrifying. Luckily, sex offenses are taken very seriously in the US, and numerous measures have been undertaken to protect victims and stop sex offenders from committing other similar crimes. 

One such measure is the mandatory registration of sex offenders with a respective government agency which is the longest for those classified under tier 3. 

But, what is a tier 3 sex offender? More importantly, which wrongdoings could place a person on the sex offender registry for the rest of their life? 

Read on for the specifics on level 3 sex offenders and how they are treated by law enforcement authorities.

What Is a Level 3 Sex Offender in America?

In the US, a level or tier 3 sex offender is a person who has been convicted of the most severe sex crimes and has been punished with more than one year of imprisonment. 

A sex offender classified as tier 3 may also be a person who has had at least one prior conviction for a tier 2 sex offense. 

It is the most serious classification in the US sex offender registry system and typically involves individuals that have a history of violent sex crimes.

Moreover, tier 3 sex offenders are considered to pose a high risk to the community, which is why they are required to register for life, typically every 90 days, with no option to petition for removal. 

In some instances, tier 3 offenders may be eligible to petition for relief from registration after 20 or 25 years, but this depends on the specific case.

In addition, all personal information related to level-three sex offenders, starting with name and address to vehicle information and place of employment, will be made publicly available through the sex offender registry database. 

In most instances, tier 3 sex offenders are required to also submit a DNA sample. 

What Are the Crimes That Put Someone at Level 3 Sex Offender Status?

As per the current law, the crimes that can land someone the status of level 3 sex offender generally involve a completed sexual assault or an attempted sexual act. 

Compared to tier 1 sex offenders who are nonviolent, a level 3 sex offender is a person who has been found guilty of a violent crime of sexual nature which may include but is not limited to rape, forcible sodomy, or sexual assault against a minor. 

Here’s a list of crimes related to tier 3 sex offenders:

  • First, second, and third-degree rape
  • Aggravated sexual abuse or sexual abuse
  • Abusive sexual contact against a minor under 13
  • Any other sexual act or contact involving minors
  • Abusive sexual behavior, including acts where the victim was mentally or physically incapable of declining 
  • Kidnapping or false imprisonment of a minor (unless the kidnapper is a parent or guardian)
  • Attempt and conspiracy to commit any of the above-stated crimes
  • Any additional sex crimes committed by a person already convicted of a Tier 2 offense

Note that the above list only contains some of the most common crimes associated with tier 3 sex offenders. 

It’s also worth mentioning that sex offender tiers vary by state, and a person who is a tier 2 sex offender in one state may be classified as tier 3 in another. 

For instance, under Maryland sex offender laws, incest is a level three sex crime, but in some states, it’s a felony. 

What Are Tier 3 Sex Offender Restrictions?

Depending on the state, tier 3 sex offenders may be subject to a variety of restrictions.

Generally, these individuals are required to register with their local law enforcement agency or a relevant body in the jurisdiction where they live and work. Moreover, registration must be made on an ongoing basis and in person. 

Also, tier 3 sex offenders must also provide updates on any changes in employment or residence, typically within three days’ time.

Tier 3 Sex Offender Residency Restrictions

Tier 3 sex offenders must comply with residency restrictions of the respective state. 

Many states impose a distance of 1,000-3,000 feet between a tier 3 sex offender’s residence and any school, playground, or other places frequented by children. 

Mississippi sex offender laws, for example, state that any convicted sex offender that is placed on the registry must not reside within 3,000 ft of a property that is a designated childcare facility, or school.

Employment and Other Tier 3 Sex Offender Restrictions

There are also employment restrictions which may include limitations in the types of jobs available to tier 3 sex offenders. Usually, they are not allowed to work in any public facility, school, or childcare center. 

In addition, many states have implemented GPS monitoring systems for those convicted as tier 3 sex offenders and may require them to wear a tracking device at all times while they are on parole or probation.

Aside from the above-mentioned restrictions, some states may require that these individuals enroll in regular counseling sessions and/or submit to random drug tests. 

Finally, a word of caution. Studies show that most of these individuals feel tempted to break the law and disregard the above-mentioned restrictions. Many of them have fake IDs, and some even try to get a job where they’re not supposed to. 

Companies that do criminal background checks can be a major asset in helping you track pretenders, especially if you have doubts that someone in your circle may be a sex offender. 

The Takeaway

A tier 3 sex offender is a person who has been convicted of one or multiple severe and violent sex crimes and, as such, is subjected to lifelong registration with a local law enforcement agency. The purpose of these measures is to protect the public from potential harm or danger.