Sex Crimes and the Arizona Sex Offender Registry
From indecent exposure to murdering while committing rape, there are a lot of incidents that are considered sex crimes. Unfortunately, some who are prosecuted have been wrongly accused, are sentenced to jail for a crime they did not commit, and are to be included in sex offender registries. Considering how grave this act is, all hope is not lost. A sex crime defense attorney can help you prove your innocence.
It’s the act of doing sexually indecent towards others or the public. It occurs when the other party does not give consent or does not have the means of giving consent to the sexual act. Anyone, whether a family member, spouse, friend, or a person someone is dating can be a victim of sex crimes. On the other hand, anyone can also be a sex crime offender. Even sexual assault done by a male to another male or female to another female is considered a sex crime. It always comes down to the fact that if someone did not consent to a sexual act towards them, it is considered a sex crime.
Common sex crimes
The term sex crime is used as an umbrella term for those crimes that are sexual. There are a plethora of crimes that are considered as such. Here are some examples:
- Public indecency. The act of publicly manifesting sexual acts or nudity like indecent exposure. Some states also consider a public display of materials depicting sexual acts or obscenity as such. Public sex and public exposure of private parts are included in this.
- Sexual assault. Act of unwanted sexual contact, sometimes with violence. It is a broad term and is used by other states as a general term. Incidents like rape fall under here, but in some states, it is a separate case. The sexual battery also falls under this.
- Statutory rape. A type of rape pertaining to the involvement of a minor in sexual acts. Even with the consent of the minor, the law has stated that underaged individuals cannot give consent. Therefore, sexual encounters or relationships with the involvement of an underaged person are considered violations of the law.
- Prostitution. The act of offering one’s body for sex and exchanging for money. (As a disclaimer, prostitution is currently under debate around the world as a form of sex work. Aside from some counties, it is still considered a sex crime around the country.)
- Child Pornography. Aside from statutory rape, child pornography is one of the criminal cases that can be filed against a sexual offender when an underaged person is sexually involved with them. It is the act of possessing and distributing pornographic materials, physical or digital, depicting minors. Exceptions to this are materials used to educate (e.g. anatomy books, political statements)
Kidnapping and murder with the intent to commit sexual assault are also included as a sex crime and is considered a severe case.
Convicted sexual offenders are charged with jail time depending on the severity of the case, as well as being included in the list of registered sex offenders for the state.
Arizona Sex Offender Registry
After conviction, jail time, being assessed for their risk, state law requires the convict to undergo sex offender registration. It is an online system where the convicted offender is required to register their name, address including ZIP code, age, photo, identifying marks and features (like eye color, height, tattoos, scars), aliases, and crime information. An annual report to the local law enforcement agency is also required annually. Failure to register in the system has serious consequences that range from probation to years in prison.
The online list is accessible to the public, in the form of a registry search, to be warned of the possibility of a sex predator that resides within a specific radius near them. The sex offender database should include every convict who is determined to be a level two or three risks must be registered. Other than the criteria mentioned, any offender who has been convicted for the following shall be included in the list pursuant to ARS 13-3821:
- Sexual assault
- Unlawful imprisonment
- Any sexual act, molestation, prostitution, sex trafficking, or exploitation towards a minor
- A third offense for public sexual indecency or indecent exposure
- Second offense for public sexual indecency or indecent exposure towards children aged fifteen and below.
Registration must be done to the local police after the sexual predator is released from probation, custody, or supervision. As a registered offender, you have to register subsequently for ten years to assure complete and accurate information. You are also required to register if you’re moving away from your current residence. However, depending on your criminal history or if you had been incarcerated previously for a sex offense, you will be required to register for life. If your non-compliance to this provision is proven to be deliberate or you have provided inaccurate information during your registration, it is punishable by law.
During the period of registering, you must still comply with all other provisions set by the court. Law enforcement agencies may also provide your information to a business or an organization that requested it. You are also required to disclose this information to a school if you are to attend a school or an employer if you are seeking employment.
You might find yourself being wrongly charged for this crime. Don’t let this baseless accusation tarnish your clean criminal record. Snader Law Group is here to help you prove your innocence. Contact us today for a free case evaluation.