In my experience dealing with sex offense cases, there are two distinct types of punishments. The first is the jail or prison time associated with the crime along with a possible fine that a judge can give. The second is the sex offender registration requirement that could have lifelong implications on housing, jobs, employment prospects, and even personal and family relationships. Many times a person can enter a plea to a charge and receive probation or a short prison term. But when the person is out of prison the registration requirements follow them for longer than the period of their incarceration. Knowing the classification of registerable offenses is an important consideration when taking a plea deal or knowing what the outcomes will be when you or a loved one are charged with a sex offense.
In the state of Ohio, there are several crimes in which a person will be sentenced to be on the sex offender registry. Anything from the most serious charges like rape and sexual battery to public indecency can land a person on the sex offender registration list. Felony charges and misdemeanor charges can both lead to a sex offender registration depending on the nature and facts of the charge.
In the State of Ohio there are three tiers that are designated for people to register as sex offenders depending on the type of crime that a person is convicted of.
Tier 1 is the least restrictive of the registry requirements and dictates that a person must register as a sex offender once a year for 15 years. That means once a year the offender must register at their local sheriff’s office. That requirement is the shortest time span and has the least amount of registration among the 3 tiers.
Tier 2 requires the offender to register every 180 days for 25 years. So every 6 months the person must register with the sheriff's office. That must be done for 25 years.
Tier 3 is the most restrictive and requires the offender to register every 90 days for the rest of their life. Every 90 days that person must register with the sheriff's office. This is the most serious of the three tiers in the state of Ohio.
An offender must register other information with the sheriff’s office in the jurisdiction in which they live. That information includes residential address, place of employment, enrollment in college or other higher education, phone number, any volunteer work that they are involved in, the registration of the car that they drive, email addresses, and sometimes even social media or other websites that a person has.
If a person does not register or abide by these restrictions, they can be charged with a new crime of failure to register. That is usually a felony charge in Ohio. So on top of the sex offender registry, that person can also face a new charge if they do not comply with the requirements of the sex offender registry.
Tier 1 sex offenses include but is not limited to the offenses of importuning, voyeurism, sexual imposition, gross sexual imposition, unlawful sexual conduct with a minor, and child enticement with a sexual motivation.
Tier 2 sex offenses include but is not limited to compelling prostitution, pandering obscenity, child endangering, and kidnapping with a sexual motivation.
Tier 3 sex offenses include but is not limited to rape, sexual battery, murder with sexual motivation, gross sexual imposition with a child under the age of 13, and sexual battery.
As you can see sex offenses are treated very seriously, and rightfully so. Not only is there jail or prison time to deal with but there is going to be the requirement to register. It is important to have an attorney who understands these requirements and how those affect a person’s life. Some people may lose their jobs, some may not. Some may need to stay away from the vicinity of a school and need to move. There are plenty of considerations when deciding whether to plea to a sex offense or take a case to trial. Sex offender registration is one of the biggest considerations beyond incarceration when dealing with these cases.
Sometimes the government will allow an amendment to a charge where no sex offender registration is required. In some cases they will only amend to a lesser charge where the tier will be lowered so the person only has 15 years of registration as opposed to lifetime registration. Whatever the case, an experienced sex offense attorney will be able to help guide you or your loved one through the pitfalls of being charged with a sex offense.
If you or someone you know has been charged with a sex offense in Toledo or the surrounding areas, consultations are free. You can contact me at 419-830-7441 and discuss the issues that are going on in your case or the case of someone you know. Everyone needs an attorney who can guide them through the system but is also not afraid to take a case to trial if necessary.