Understanding Sex Offender Levels in Arizona

What Sex Crimes Require People to Register as Sex Offenders in Arizona?

You will find the charges that require offenders to go on the sex offender registry in ARS 13-3821. It includes the below convictions:

• ARS 13-1404: Sexual Abuse of a Minor Under 18 Years of Age
• ARS 13-1405: Sexual Conduct with a Minor Under 18 Years of Age
• ARS 13-1406: Sexual Assault
• ARS 13-1410: Child Molestation
• ARS 13-1417: Continuous Sexual Abuse of a Child
• ARS 13-3206: Taking a Child for the Purpose of Prostitution
• ARS 13-3212 (A)(1)(2): Child Prostitution, Child Sex Trafficking
• ARS 13-3212 (B)(1)(2): Child Prostitution Occurring Prior to August 9, 2017
• ARS 13-3553: Sexual Exploitation of a Minor Under 18 Years of Age
• ARS 13-3553: Luring of a Minor Under 18 Years of Age for Sexual Exploitation
• ARS 13-1402: Second Conviction of Indecent Exposure to a Minor Younger than 15 Years of Age
• ARS 13-1403 (B): Second Conviction of Sexual Indecency to a Minor Younger than 15 Years of Age
• ARS 13-1403: Third or Subsequent Conviction of Public Indecency
• ARS 13-3822 or ARS 13-3824: Violation of Sex Offender Registration Requirements
• ARS 13-3561: Unlawful Age Misrepresentation
• ARS 13-3560: Aggravated Luring of a Minor Under 18 Years of Age
• ARS 13-1428: Sexual Extortion of a Minor Younger than 15 Years of Age
• ARS 13-1303: Unlawful Imprisonment of a Person Younger than 18 Years of Age, not the Parent
• ARS 13-1304: Kidnapping of a Minor Under 18 Years of Age, not by the Parent
• ARS 13-118: Sexually motivated offenses

These convictions mandate registration to monitor offenders and ensure community safety.

What are the Risks Levels for Sex Offenders 

Arizona classifies sex offenders into three distinct risk levels based on their likelihood of reoffending. These levels help determine the monitoring and community notification requirements for each offender.

Level I: Offenders categorized under Level I are considered to have a lower risk of reoffense. This level is characterized by a low likelihood of both sex offense recidivism and general recidivism. Offenders in this category typically have fewer reporting requirements and community notifications. 

Level II: This level includes offenders who have an intermediate to high risk of reoffending. Offenders in this category do not meet the criteria for the lowest or highest risk levels but are considered to have a moderate potential for recidivism. 

Level III: Offenders classified as Level III pose the highest risk of reoffending. This level includes those with high, very high, or ultra-high risk scores. 

What are the Different Registration Requirements? 

In Arizona, sex offenders must adhere to specific registration requirements, which vary based on their assigned risk level. These requirements are outlined in A.R.S. § 13-3821 and are designed to monitor offenders and enhance public safety. Here’s a breakdown of the registration requirements for each risk level:

① Level I: Lower Risk

Offenders classified as Level I have the least stringent registration requirements due to their lower risk of reoffending.

• Initial Registration: Must register within 10 days of conviction or release from incarceration.
• Annual Registration: Required to update their registration annually.
• Change of Address: Must notify local law enforcement within 72 hours of any change in address.
• Community Notification: Generally not subject to active community notification unless required by special circumstances.

② Level II: Intermediate Risk

Level II offenders are considered to have a moderate risk of reoffending and, therefore, face more stringent requirements.

• Initial Registration: Must register within 10 days of conviction or release from incarceration.
• Semi-Annual Registration: Required to update their registration every six months.
• Change of Address: Must notify local law enforcement within 72 hours of any change in address.
• Community Notification: Subject to community notification, where local law enforcement may inform schools, daycare centers, and other relevant organizations about the offender’s presence.

③ Level III: High Risk

Level III offenders pose the highest risk of reoffending and are subject to the most stringent registration and notification requirements.

• Initial Registration: Must register within 10 days of conviction or release from incarceration.
• Quarterly Registration: Required to update their registration every three months.
• Change of Address: Must notify local law enforcement within 72 hours of any change in address.
• Community Notification: Subject to extensive community notification, including informing neighbors, schools, daycare centers, and other relevant organizations. Law enforcement may also hold community meetings to discuss the offender’s presence and potential risks.

How is Your Risk Level Determined 

In Arizona, the risk level of a sex offender is determined using the Arizona Sex Offender Assessment Screening Profile. This comprehensive assessment is conducted by the Arizona Department of Public Safety (DPS) and considers both Sex Offense Risk (S) and General Recidivism Risk (G). The combination of these two scales helps to establish a suggested notification level for the offender.

▶ Assessment Scoring

The assessment involves a detailed scoring system where each of the 19 items is evaluated and assigned scores for both Sex Offense Risk (S) and General Recidivism Risk (G). These scores are then added together to arrive at the total assessment score. The final score categorizes the offender into one of the three risk levels (Level I, II, or III), which dictates the level of community notification and monitoring required.

▶Examples of Assessment Questions and Factors

The assessment considers various factors, including the nature of the offense, criminal history, behavior, and personal characteristics. Here are some examples of questions and factors evaluated during the assessment:

1. Number of Convictions for Sex/Related Offenses:
   • S/G Scores:
     • None: 0/0
     • One or Two: 4/8
     • Three or more: 8/10
2. Age at First Conviction for Sex/Related Offense:
   • S/G Scores:
     • 24 or older: 0/0
     • 23 or younger: 3/8
3. Use of Weapon in Offense:
   • S/G Scores:
     • None present: 0/0
     • Displayed during offense/implied threat, or used to inflict injury: 4/8
4. Gender of Victims:
   • S/G Scores:
     • Females: 0/0
     • Males: 3/0
     • Both Genders: 5/0

▶Additional Factors

Other considerations in the assessment include:

• Length of Sexual Offense History: Longer histories increase risk.
• Mental/Cognitive Impairment: Documented impairments or diagnosed mental illnesses.
• Substance Abuse Treatment: Involvement in or completion of substance abuse programs.
• Employment History: Stability of employment or education prior to incarceration.
• Behavior While Incarcerated: Disciplinary infractions during imprisonment or juvenile facility confinement.

What are the Consequences For Not Registering 

Failing to comply with Arizona’s sex offender registration laws results in severe consequences. Under A.R.S. § 13-3824, those who do not register as a sex offender face a Class 4 felony charge, punishable by up to 3.75 years in prison for a first offense, with harsher penalties for repeat offenses.

Non-compliance also means heightened community notification and stricter law enforcement supervision. Additionally, offenders may lose probation or parole, face difficulties finding a place to live or work, and experience increased social stigma.

FAQ: Sex Offender Registration 

⑴ When Am I Required to Register as a Sex Offender?

You are required to register with the state within 10 days of conviction or release from incarceration. Failure to do so can result in severe legal consequences.

⑵ What Are the Different Levels in Arizona’s Sex Offender Classification?

Arizona’s sex offender registry classifies offenders into three levels based on risk: Level 1 (low risk), Level 2 (moderate risk), and Level 3 (high risk). Each level has different requirements and restrictions.

⑶ What Are the Requirements for Level Three Sex Offenders?

Level three sex offenders cannot live near schools, daycare centers, or places where children commonly gather. They face the most stringent registration and notification requirements.

⑷ Can I Get Relief from the Sex Offender Registration Requirements?

In some cases, an experienced criminal defense attorney can help you seek relief from the sex offender registration requirements. Contact us today to discuss your options.

⑸ What Happens If I Commit Another Sex Crime?

If you commit another sex crime after a previous sex crime conviction, you will face harsher penalties and additional registration requirements.

⑹ Can I Move to a New Location After Registration?

Yes, but you must notify local law enforcement within 72 hours of any address change. Failure to do so can result in legal penalties.

⑺ How Does a Criminal Defense Attorney Assist with Sex Offender Cases?

A defense attorney can help you understand the sex offender registration and notification act, defend against charges, and navigate the complexities of Arizona’s sex offender laws.

⑻ What Are the Consequences of Not Registering?

Failing to register can result in a Class 4 felony charge, imprisonment, and increased community notification and supervision requirements. 

⑼ Are Juvenile Sex Offenders Required to Register?

Yes, juvenile sex offenders must also register on the sex offender registry in Arizona, though their information might be treated differently from adult offenders.