Level 2 in Arizona’s sex offender registry is for sex offenders with a moderate risk of committing another sex-related crime. Offenders in Level 2, or Tier II, will be listed in the online database accessible to the public. They are also subjected to the community notification requirement.

1. What is Level 2 on Arizona’s sex offender registration?

Level 2 is the intermediate tier in Arizona’s sex offender registry. The other tiers are:

• Level 1, or Tier I, is for offenders with a low risk of recidivism, and
• Level 3, or Tier III, is for those with a high risk of reoffending.

Level 2 offenders will be listed in the publically-accessible online database of convicted sex offenders run by the Arizona Department of Public Safety (DPS).¹ They may also be listed in the national database created under the Sex Offender Registration and Notification Act (SORNA).

When Level 2 offenders move to a new residence, the local community will also be notified of their presence.²

Every year, Level 2 offenders have to re-register, update their information with the local law enforcement agency, and renew their driver’s license that shows police that they are registered sex offender.³

Sex offenders in Arizona are assigned to one of these Levels by the sex offender assessment screening process, rather than by their underlying criminal offense. This means that sex offenders can be assigned to Level 2 for:

• sexual abuse,
• sexual assault,
• sex trafficking,
• luring of a minor for sexual exploitation,
• sexual exploitation of a minor,
• molestation of a child,
• sexual conduct with a minor,
• public sexual indecency with a minor under 15 years of age, or
• numerous other sex offenses.⁴

2. What is the assessment screening for sex offenders?

Arizona uses a sex offender assessment screening to determine how likely a sex offender will commit another crime after their release from prison. The likelihood of reoffending determines which tier the offender will be assigned to.

There are 19 factors in the assessment screening used by Arizona’s registration laws. The overall scores determine the sex offender’s Level. The factors are:

1. how many times the offender has been convicted for a sex-related offense, whether a felony or a misdemeanor,
2. non-sex-related felony offenses on the offender’s criminal record,
3. arrests for sex-related offenses that did not lead to a conviction,
4. the offender’s age when they were first convicted for a sex-related offense,
5. the use of a weapon during a sex-related offense that ended with a conviction,
6. the total number of victims for all of the sex offenses, including those dismissed through a plea deal,
7. the gender of the sex offense victims,
8. what relationship the offender had with his or her victims,
9. use of excessive force to complete a sex offense,
10. any aggravating characteristics to a sexual offense, like:
    • the offense lasted longer than 3 hours,
    • the offender forcefully moved the victim during the offense,
    • the victim was tortured, or
    • the victim was tied up, bound, handcuffed, or subject to unlawful imprisonment.
11. the offender’s first conviction for a sex crime happened over 5 years ago,
12. drug or alcohol use,
13. the offender either has a mental illness, a mood disorder, or an IQ under 70,
14. the offender’s education or employment stability before they were sentenced for the sex crime that led to their registration requirement,
15. the offender has any “sexually deviant interests,” like:
    • voyeurism,
    • necrophilia,
    • pedophilia,
    • sexual sadomasochism,
    • bestiality,
    • fetishes, or
    • exhibitionism, like a history of indecent exposure.
16. if the offender had a prior conviction, the time between his or her release from prison and the next felony offense,
17. any major disciplinary issues that the offender had in confinement or prison,
18. the completion of substance abuse treatment since the conviction, and
19. the completion of sex offender treatment, since the conviction.⁵

These factors produce 2 scores:

• the risk that the offender will commit another sex offense, and
• the risk that the offender will commit another criminal offense.

The sex offender will be assigned to Level 2 if the risk assessment finds that:

• there is an intermediate risk of another sex offense,
• there is an intermediate or a high risk of any other criminal offense, or
• the offender’s risk is too high for Level 1, but also too low for Level 3.⁶

3. Will Level 2 offenders be visible in the online database?

Offenders in Level 2 will be listed in the online database of sex offenders. This means that anyone can search the Arizona database and find the offender’s:

• name,
• address,
• age,
• photograph,
• criminal offense committed, and
• risk Level.⁷

They may also be listed in the national database, as well.

This is one of the most severe repercussions of sex offender registration. Worse, registration is a lifelong requirement in Arizona and it is very difficult to have it terminated. Getting the legal advice of a criminal defense attorney and avoiding this aspect of the criminal justice system is essential.

4. Will the community be notified of a Level 2 offender?

Yes, Arizona’s version of Megan’s Law requires that the community be notified if a Level 2 sex offender moves into the area.

The county sheriff or the local law enforcement agency will distribute a physical paper flier to:

• homes in the surrounding neighborhood,
• schools in the area,
• local community groups, and
• prospective employers.⁸

This flier will include the following offender information:

• a photograph,
• his or her address, and
• a summary of the offender’s criminal background.⁹

The local police department will also provide a press release with this information to the local media to be published.¹⁰

---