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Arizona Law for Sex Offender Registration

Being required to register as a sex offender presents a nightmare scenario for most people due to the social shame that those convicted of sex crimes face in modern society. If you are required to register as a sex offender, reach out to a Phoenix sex offender registration attorney at Stone Rose Law to learn more about the process. Arizona law requires people convicted of 22 separate offenses to register as sex offenders:

1. Unlawful Imprisonment pursuant to A.R.S. § 13-1303 if the victim is under 18 years of age and the unlawful imprisonment was not committed by the child’s parent
2. Kidnapping pursuant to A.R.S. § 13-1304 if the victim is under 18 years of age and the kidnapping was not committed by the child’s parent
3. Sexual Abuse pursuant to A.R.S. § 13-1304 if the victim is under eighteen years of age
4. Sexual Conduct with a Minor pursuant to A.R.S. § 13-1405
5. Sexual Assault pursuant to A.R.S. § 13-1406
6. Sexual Assault of a Spouse if the offense was committed before August 12, 2005
7. Molestation of a Child pursuant to A.R.S. § 13-1410
8. Continuous Sexual Abuse of a Child pursuant to A.R.S. § 13-1417
9. Taking a Child for the Purpose of Prostitution pursuant to A.R.S. § 13-3206
10. Child Prostitution pursuant to A.R.S. § 13-3212, subsection A or subsection B, paragraph 1 or 2 committed on or after August 9, 2017
11. Child Sex Trafficking pursuant to A.R.S. § 13-3212, subsection A or subsection B, paragraph 1 or 2 committed on or after August 9, 2017
12. Commercial Sexual Exploitation of a Minor pursuant to A.R.S. § 13-3552
13. Sexual Exploitation of a Minor pursuant to A.R.S. § 13-3553
14. Luring a Minor for Sexual Exploitation pursuant to A.R.S. § 13-3554
15. A second or subsequent violation of Indecent Exposure to a person who is under 15 years of age pursuant to A.R.S. § 13-1402
16. A second or subsequent violation of public sexual indecency to a minor who is under 15 years of age pursuant to A.R.S. § 13-1403, subsection B
17. A third or subsequent violation of indecent exposure pursuant to A.R.S. § 13-1402
18. A third or subsequent violation of public sexual indecency pursuant to A.R.S. § 13-1403
19. A violation of section 13-3822 or 13-3824 (i.e. failure to register as a sex offender if required to register pursuant to A.R.S. § 13-3821)
20. Unlawful Age Representation
21. Aggravated Luring of a Minor for Sexual Exploitation pursuant to A.R.S. § 13-3560
22. Sexual Extortion pursuant to A.R.S. § 13-1428 if the victim is under 15 years of age

Notwithstanding the previously listed convictions requirements, a court may also order a person to register as a sex offender, regardless of the offense they were convicted of, if it makes a finding of sexual motivation pursuant to the procedures detailed in A.R.S. § 13-118. Those procedures require that the prosecutor file a special pretrial allegation that the defendant committed the offense at issue for sexual gratification. The prosecutor must then prove the allegation beyond a reasonable doubt before a finding of sexual motivation can be made. If it is made, then the court has the discretion to order the defendant to register as a sex offender even if the offense he was convicted of wouldn’t ordinarily require it. If you were convicted of any of the offenses above, speak with a criminal defense lawyer in Phoenix to learn more about the sex offender registration process.

Sex Offender Registration Process

After a conviction, a person required to register as a sex offender has 10 days to register with the county’s sheriff where he or she resides. Those required to register must also provide an electronic fingerprint, all names by which they are known, any online identifiers such as screen names or email addresses, a current photograph, a blood sample, and their mailing address. If the offender was sentenced to a term of imprisonment, the Department of Corrections, in conjunction with DPS and the appropriate county sheriff, must update the registration before the offender’s release from custody.

Sex Offender Registration for Juveniles

Juvenile sex offenders who have been found delinquent for specific offenses may also be required to register as a sex offender. However, the duty to register generally terminates when the offender turns 25-years-old or upon a court order following the successful completion of the juvenile’s probation term. Meanwhile, a person under 22 years old, on probation for an offense committed before their 18th birthday that requires registration, may also request that the court conduct a probation hearing at least once per year. Pursuant to A.R.S. § 13-923, the court has the power at the hearing to continue, modify, or terminate the person’s probation. Also, the court can continue, suspend, or terminate the requirement that the person registers as a sex offender and the community notification requirements attendant to such registration.

Requirements for Early Termination of Sex Offender Registration

For adult offenders who did not commit their offense before the age of 18, the sex offender registration requirement can only be terminated in very narrow circumstances. A.R.S. § 13-3826 allows a defendant who was convicted of sexual conduct with a minor to petition the court for an order to terminate the duty to register when he or she can avow that:

• They were under 22 years of age at the time of the offense.
• The victim was 15-, 16-, or 17-years-old at the time of the offense.
• The sexual conduct was consensual.
• They did not violate any of the sex offender terms of probation.
• They have not subsequently committed any other felony or sex offenses.
• They have not been found to be a sexually violent person pursuant to title 36, chapter 37, and no proceedings are pending against them pursuant to those provisions.
• The violation did not involve more than one victim.
• They were not sentenced to a term of incarceration in the department of corrections.

When the defendant files a petition to terminate the duty to register, they must also provide a copy to the prosecutor, who is obliged to notify the victim. A hearing on the petition must then be set by the court so that all parties can be heard. At the hearing, the State bears the burden of proving that the avowals contained in the defendant’s petition are not true. Failing that, the court must grant the petition unless it finds that a denial is in the best interests of justice or tends to ensure public safety.

Contact a Phoenix Sex Offender Registration Lawyer Today

For the vast majority of people convicted of sex offenses, the requirement that they register as a sex offender is a lifelong obligation. The best way to avoid that obligation is to avoid being convicted of an offense that will require you to register as a sex offender. If you have been accused of or charged with such an offense, an experienced Phoenix sex crimes attorney at Stone Rose Law can help. Call our local law office at (480) 498-8998 today for a free consultation.