ARIZONA SEX OFFENDER REGISTRATION

Quick Answer

If you are convicted of a sex crime in the state of Arizona, then you may be required to register as a sex offender. The Arizona sex offender registry is a public listing of all people who have been convicted of certain sex crimes and are living in the state. It is available online and searchable.

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What Is Arizona Sex Offender Registration Under Arizona Law?

If you are convicted of a sex crime in the state of Arizona, then you may be required to register as a sex offender. The Arizona sex offender registry is a public listing of all people who have been convicted of certain sex crimes and are living in the state. It is available online and searchable.

Registering as a sex offender is a major consequence of being convicted of a sex crime in Arizona. Typically, people convicted of sex offenses will be required to re-register every year that they live in Arizona, even for convictions that happened outside of the state. This is one reason that you should immediately contact an experienced Arizona sex crimes attorney if you have been charged with sexual assault or a related offense.

Matthew Lopez Law represents people charged with a range of crimes throughout Arizona, including DUI, drug charges, and sexual assault. In each case, our goal is to protect our clients’ rights while helping them get the best possible outcome for the charges against them. Reach out to our law firm today to schedule a free initial consultation with an Arizona sexual assault lawyer.

What Is the Arizona Sex Offender Registry?

The state of Arizona maintains a database of anyone living in the state who has been convicted of certain sex crimes. It is known as the sex offender registry. 

Only convictions for some sexual offenses will require registry. This includes the following sex crimes:

• Sexual assault
• Sexual assault of a spouse, if the offense happened before August 12, 2005
• Sexual abuse of a minor
• Continuous sexual abuse of a child
• Sexual conduct with a minor
• Child molestation
• Child prostitution or taking a child for prostitution
• Child sex trafficking
• Sexual exploitation of a minor, or commercial sexual exploitation of a minor
• Luring a minor for sexual exploitation or aggravated luring of a minor
• Indecent exposure to a minor under the age of 15, if the offense was not the first time
• Public sexual indecency to a minor under 15, if the offense was not the first time
• Any third or subsequent offense of either indecent exposure or public sexual indecency
• Failure to register as a sex offender
• Unlawful age misrepresentation
• Sexual extortion when the victim was under 15
• Unlawful imprisonment or kidnapping of a minor by someone other than the minor’s parent

A judge may also require sex offender registration if the court determines that the defendant acted for sexual gratification while committing a sexual offense and/or sexual exploitation.

Registration is required within 10 days of the conviction. When a person is released from prison after serving a sentence for a sex crime, then the Department of Corrections will forward the relevant records to the Department of Public Safety and the county sheriff where they intend to reside.

All registrations must be made in person. The initial cost is $250 and requires the submission of electronic fingerprints, all names and aliases, online identifiers or usernames (including email addresses), a current photograph, a blood sample for DNA evidence, and a mailing address. Each year, a person on the registry must re-register by confirming this information. In addition to registering, people convicted of sex crimes will be given a special driver’s license that must be renewed every year.

Juveniles who are adjudicated delinquent for one of these crimes must also register as sex offenders under Arizona law. In addition, if the conviction occurred in another state and the crime would require registration in Arizona or in that state, then the defendant will have to register as a sex offender in Arizona if they live here.

Registration is mandatory for anyone convicted of these crimes. Failure to register is a separate criminal offense.

Arizona Sex Offender Registry Levels

This database divides offenders into 3 categories (levels) based on the seriousness of the offense and the likelihood of reoffending:

• Level 1: low-risk offenders
• Level 2: medium-risk offenders
• Level 3: high-risk offenders

The state assigns a level based on a sex offender assessment screening. This screening examines 19 factors to determine a person’s risk level, including:

• Any prior criminal history;
• The defendant’s relationship to their victim(s);
• Details surrounding the offense, like whether the defendant used force;
• The number and gender of victims;
• Any alcohol or drug use;
• The defendant’s IQ or the presence of a mental health issue;
• The defendant’s employment history;
• Any other discernible sexual behavior, like voyeurism, fetishes, or pedophilia; and
• The defendant’s behavior while in confinement, including whether the defendant completed sex offender or substance abuse treatment.

Information for Level 2 and Level 3 offenders will be available on the online database. Information for Level 1 sex offenders will only be available if convicted of certain crimes. The information available on the public registry includes name, age, address, a current photograph, the conviction, and sex offender level.

Law enforcement has certain notification obligations based on sex offender level. For Level 1, the local law enforcement agency will maintain a record of the sex offender and may notify anyone sharing a residence with them of their conviction. For Levels 2 and 3, law enforcement will distribute a flyer to the local community and schools, plus the person’s employer. This flyer may also be in the local newspaper and online.

It is possible to have your sex offender level reduced. Typically, an Arizona criminal defense attorney will petition the court to ask for a reclassification of the level designation. A court may grant reclassification if there is evidence of rehabilitation, compliance with registration requirements, and no further offenses. In other words, if you can prove that you have a lower risk of re-offending, a court might reduce your level.

This might be particularly important for Level 3 offenders because being in this category can be incredibly difficult. In addition to other restrictions, the state may limit where Level 3 sex offenders can live. Our law firm can help you understand your rights and options if you are currently registered as a sex offender.

When Do Registration Requirements End?

In most cases, a person will have to re-register as a sex offender every year for the rest of their lives. There are some limited exceptions to this rule.

The first exception is for juveniles who were adjudicated delinquent. In this situation, the juvenile will only be required to register as a sex offender until they turn 25 years old. In addition, a judge can end the registration requirements after the person successfully completes probation if they were under 18 at the time of the offense.

The second exception is for people who were convicted of unlawful imprisonment of a minor or kidnapping of a minor. If a person completes all of their restitution requirements and has not been convicted of another sex offense, then their registration requirements end at 10 years.

The third exception is when a person is convicted of sexual assault of a minor. In this situation, they may petition the court to request a termination of their registration requirements. A court will only schedule a hearing if the person can show that it was a “Romeo and Juliet” type of offense. Essentially, if they were under the age of 22 and had consensual sex with a partner who was 15 to 17 years old, then a court may end their registration requirement if certain criteria are met.

Sex offender registration is a heavy burden to bear. If you have been charged with a sex crime, it is vital that you have strong legal representation. Our law firm will thoroughly analyze your case to develop the strongest possible defense to the charges against you. We can also help you with legal matters post-conviction, including potentially reducing your sex offender level or ending your registration.

Charged with a Sex Crime? Call Our Law Offices Today.

A conviction for a sex crime carries the possibility of a lengthy prison sentence. It also comes with mandatory sex offender registration, typically for life. If you have been arrested for a sexual offense in Arizona, your top priority should be finding the best criminal defense attorney to represent your interests.

Matthew Lopez Law represents people charged with sexually-based offenses throughout the state. We understand the steep potential consequences of these charges and will fight to protect your rights and your freedom. To learn more or to schedule a free consultation with an Arizona sexual assault defense lawyer, contact our law offices today at 480-608-9998 or fill out our online contact form.

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