Michigan SORA Tier 3: Offenses, Lifetime Registration, and Penalties

Under Michigan’s Sex Offender Registration Act, Tier 3 is the most serious classification, and it carries lifetime registration, in-person verification four times a year, immediate reporting of changes to your address or online identities, and felony penalties if you fall out of compliance. Michigan SORA Tier 3 status attaches either to a conviction for one of the offenses the statute lists as Tier 3, or to a later Tier 1 or Tier 2 conviction stacked on a prior Tier 2. Everything below flows from that starting point.

Offenses That Put Someone in Tier 3

MCL 28.722(v) sets out the list. It includes first-degree criminal sexual conduct (MCL 750.520b); second-degree CSC (MCL 750.520d); assault with intent to commit CSC involving penetration (MCL 750.520g(1)); kidnapping a minor (MCL 750.349); leading away or enticing a child (MCL 750.350); gross indecency offenses against a child under 13 (MCL 750.338, 750.338a, 750.338b); second-degree CSC or assault with intent to commit second-degree CSC against a child under 13 (MCL 750.520c, 750.520g(2)); fourth-degree CSC against a child under 13 when the offender is 17 or older (MCL 750.520e); child sexually abusive activity (MCL 750.160d(2)); and any attempt or conspiracy to commit those offenses.¹

The list reaches further than many people expect. Second-degree CSC against a child under 13 produces the same lifetime registration as first-degree CSC, because both are Tier 3.

A Tier 2 registrant who then picks up a new conviction for any Tier 1 or Tier 2 offense is reclassified as Tier 3 automatically.¹

The Narrow Close-in-Age Exception

Tier 3 does not apply to a conviction under MCL 750.520b, 750.520d, or 750.520g(1) if a court determines that the victim consented, was 13 to 15 years old at the time, and the offender was no more than four years older than the victim.¹ All three conditions must be met, and the exception is not automatic. The court has to make the finding.

Lifetime Registration and Quarterly Verification

Tier 3 registration is for life unless a court orders it discontinued. Verification happens in person four times a year, within the first 15 days of January, April, July, and October.²³

At each check-in, an officer reviews your reported information and looks at whether your photograph still accurately shows your appearance. If it does not, you have seven days to get a new photograph taken.²

What You Must Report Between Check-Ins

Changes to your address, employment, vehicle, or other required information must be reported in person within three business days of the change.³ Missing that window is treated the same as failing to register, and it is a separate criminal offense.

Email Addresses and Internet Identifiers

Registrants convicted after July 1, 2011 must report all email addresses and internet identifiers they use. Under MCL 28.727(1)(i), an internet identifier is any designation used for self-identification or routing in internet communications, which covers social media handles, forum usernames, and messaging app identities. Changes must be reported within the same three-business-day window.³

Federal regulations at 28 CFR Part 72 require the same for “remote communication identifiers,” including email addresses and telephone numbers, with the same three-business-day reporting rule for changes.⁴ Creating a new email account or a new social media profile triggers a reporting duty before you use it.

Enrollment or Employment at a College

If you enroll at or work for a college or university, even part-time, you must report that status in person to the registering authority with jurisdiction over the campus. The same applies when you leave. You have three business days from the change, and you have to bring written documentation of your status — a student ID, transcript, pay stub, or W-2 form will work.⁵ Under the federal Campus Sex Crimes Prevention Act, failing to notify the state of campus enrollment or employment counts as a failure to register.⁶

Penalties for Falling Out of Compliance

Willfully violating any SORA requirement is a felony under MCL 28.729(1), and the penalties climb with each prior violation. A first violation carries up to 4 years in prison, a fine of up to $2,000, or both. A second brings up to 7 years, a fine of up to $5,000, or both. A third or subsequent violation carries up to 10 years, a fine of up to $10,000, or both.⁷

Interstate Moves Add Federal Exposure

Under 18 U.S.C. § 2250, a registered sex offender who travels in interstate commerce and knowingly fails to register or update a registration faces up to 10 years in federal prison. If that person also commits a crime of violence, the sentence is 5 to 30 years, served consecutively to any other sentence.⁸ Federal charges can stack on top of state SORA charges, so a registrant who moves across state lines and stops reporting faces exposure from both directions.

International Travel and Passport Marking

Federal law requires registered sex offenders to notify registry officials at least 21 days before any planned international travel. That notification is forwarded to the U.S. Marshals Service.⁹

Under International Megan’s Law, anyone convicted of a sex offense against a minor must self-identify as a “covered sex offender” when applying for a passport. The State Department prints an identifier inside the passport book reading: “The bearer was convicted of a sex offense against a minor, and is a covered sex offender pursuant to 22 USC 212b(c)(1).” Passport cards cannot be issued to covered sex offenders, and existing passports without the identifier can be revoked.¹⁰ The 21-day notice and passport rules apply regardless of tier.

Housing Consequences

Federal law bars anyone subject to a lifetime sex offender registration requirement from federally assisted housing. Under 42 U.S.C. § 13663, public housing agencies must run background checks and deny admission to any household that includes such an individual. The agency must provide a copy of the registration information and a chance to dispute its accuracy, but the ban itself is categorical.¹¹ Because Tier 3 offenders register for life, this applies to every Tier 3 registrant in Michigan.

Michigan publishes registrant information on a public website. Since the 2021 amendments, the site no longer displays an individual’s tier classification, but employers, landlords, and neighbors can still search by name or location.¹²

The 1,000-Foot School Zones Are Gone

Before 2021, Michigan prohibited registered sex offenders from living, working, or loitering within 1,000 feet of school property. The Sixth Circuit found those exclusion zones unconstitutionally vague in the Does v. Snyder litigation, and the legislature repealed them entirely in the 2021 overhaul. Registrants are no longer subject to statewide residency restrictions tied to schools or parks, effective March 24, 2021.¹² Local ordinances in some municipalities may still impose their own restrictions.

Getting Off the Registry

Lifetime registration is the default for Tier 3, but a narrow petition path exists. Under MCL 28.728c(2), a Tier 3 offender whose conviction was a juvenile adjudication may petition to discontinue registration if all of the following are true:

At least 25 years have passed since the adjudication or release from confinement, whichever came last
No felony convictions since that date
No convictions for any listed sex offense since that date
Successful completion of all supervised release, probation, or parole without revocation
Successful completion of a certified sex offender treatment program (the court can waive this if treatment was never ordered as a condition of the sentence)

Meeting every condition does not guarantee removal. The court weighs the offender’s age and maturity at the time of the offense, the victim’s age, the severity of the offense, criminal history since, and any victim impact statements. The court must deny the petition if it finds the petitioner remains a continuing threat to the public.¹³

A separate provision applies to any registrant, Tier 1, 2, or 3, who was adjudicated as a juvenile and was under 14 at the time of the offense, or who was registered before July 1, 2011 for an offense that no longer requires registration. In those cases, the court must grant the petition if the conditions are met.¹⁴ For adult-convicted Tier 3 offenders who do not fit either category, Michigan law does not currently provide a mechanism to petition off the registry.

Where the Law Stands After the 2021 Overhaul

In Does #1-5 v. Snyder, the Sixth Circuit ruled that retroactively applying the 2006 and 2011 SORA amendments was unconstitutional because those amendments imposed punishment, violating the Ex Post Facto Clause. The court singled out the exclusion zones and certain reporting requirements.¹⁵

The legislature responded with Public Act 295 of 2020, effective March 24, 2021. The overhaul repealed the student safety zones and removed tier classifications from the public registry site. The core framework — tiered classification, quarterly verification for Tier 3, and lifetime duration — survived.¹² Ongoing litigation in Does v. Snyder II continues to challenge whether the amended law fully addresses the Sixth Circuit’s concerns, so the obligations described above reflect current law but could shift with further rulings.

1
Michigan Legislature. MCL Section 28.722 – Sex Offender Registration Act (Excerpt)
2
Michigan Legislature. MCL Section 28.725a – Sex Offenders Registration Act (Excerpt)
3
Michigan Legislature. MCL Section 28.725 – Sex Offenders Registration Act (Excerpt)
4
eCFR. Part 72 Sex Offender Registration and Notification
5
Michigan Courts. Reporting Requirements Specific to Student Offenders – Sexual Assault Benchbook
6
Federal Register. Guidelines for the Campus Sex Crimes Prevention Act
7
Michigan Legislature. MCL Section 28.729 – Sex Offenders Registration Act (Excerpt)
8
Office of the Law Revision Counsel. 18 U.S. Code 2250 – Failure to Register
9
Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. SORNA: Information Required for Notice of International Travel
10
U.S. Department of State. Passports and International Megan’s Law
11
Office of the Law Revision Counsel. 42 USC 13663: Ineligibility of Dangerous Sex Offenders for Admission to Public Housing
12
Michigan State Police. SOR Registrant Notification – March 24, 2021
13
Michigan Legislature. MCL Section 28.728c – Sex Offenders Registration Act (Excerpt)
14
Michigan Courts. Petition to Discontinue Registration – Sexual Assault Benchbook
15
Justia. Does v. Snyder, No. 15-1536 (6th Cir. 2016)