The Arizona sex offender registry is a public listing of all of the people in Arizona who have been convicted for certain severe sex crimes. The registry has 3 tiers, based on the risk of reoffending. Failing to register is a crime.

1. What is the Arizona sex offender registry?

Arizona’s sex offender registry¹ is a database of the people living, working, or studying in the state who have been convicted of certain sex crimes.²Sex offenders are divided into 3 tiers:

• Level 1,
• Level 2, and
• Level 3.

Depending on the sex offender’s tier, some of their information on the registry is available to the public, online, or is disseminated through the process of community notification.

Criminal defendants who have been accused of an eligible sex crime will likely have to register as a sex offender if they are:

• convicted,
• adjudicated guilty except insane, or
• found not guilty by reason of sanity.³

They will have to register within 10 days of the conviction.⁴When the defendant is released from prison, the Department of Corrections will forward his or her records to the Department of Public Safety and the sheriff of the county where the defendant intends to live.⁵

Registrations have to be made in-person. The initial registration carries a $250 fee and requires the registrant to provide all of the following:

• electronic fingerprints,
• all names and aliases,
• online identifiers or usernames, including email addresses,
• a current photograph,
• a blood sample for DNA evidence, and
• a mailing address.⁶

Every year after the initial registration, sex offenders have to re-register.⁷Re-registering involves confirming the information provided in the initial registration.

Sex offenders are also given a special driver’s license from the Arizona Motor Vehicle Department (MVD). This license has to be renewed every year, rather than every 5 years, and the picture has to be renewed every year, rather than every 12 years.⁸Sex offenders also have to provide proof of their address when renewing their license with the MVD.⁹

The sex offender database is maintained by the Arizona Department of Public Safety (DPS).

The goal of the registry is to:

• notify the public of the location of sex offenders, and
• allow law enforcement to monitor convicted sex offenders.

Sex offenders listed in Arizona’s database will also appear on the National Sex Offender Public Website.

2. What sex crimes require sex offender registration?

Defendants who have been convicted for any of the following sex offenses in Arizona will have to register as a sex offender:

• unlawful imprisonment or kidnapping of a minor by someone other than the minor’s parent,
• sexual abuse of a minor,
• continuous sexual abuse of a child,
• sexual conduct with a minor,
• sexual assault,
• sexual assault of a spouse, if the offense happened before August 12, 2005,
• child molestation,
• child prostitution or taking a child for prostitution,
• child sex trafficking,
• sexual exploitation of a minor, or commercial sexual exploitation of a minor,
• luring a minor for sexual exploitation or aggravated luring of a minor,
• indecent exposure to a minor under the age of 15, if the offense was not the first time,
• public sexual indecency to a minor under 15, if the offense was not the first time,
• any third or subsequent offense of either indecent exposure or public sexual indecency,
• failure to register as a sex offender,
• unlawful age misrepresentation, and
• sexual extortion when the victim was under 15.¹⁰

Additionally, judges can require sex offender registration if there was evidence that the defendant acted for sexual gratification while committing the following types of crimes:

• sexual offenses, or
• sexual exploitation of children.¹¹

Juvenile offenders who are adjudicated delinquent also have to register as sex offenders.¹²

If the offense happened in another state, but the crime would be one of those listed above or was one that required sex offender registration in that other state, then the defendant will have to register in Arizona once he or she has moved into the state.¹³

3. What are the different levels of sex offenders?

In Arizona, sex offenders are split into 1 of 3 tiers based on their risk of reoffending:

• Level 1, for low risk offenders,
• Level 2, or
• Level 3, for high risk offenders.

Registrants are put into one of these tiers based on their sex offender assessment screening. This risk assessment looks at 19 factors to determine someone’s risk level, including:

• the defendant’s prior criminal history,
• the number and gender of victims,
• the defendant’s relationship to his or her victim,
• details surrounding the offense, like whether the defendant used force,
• any alcohol or drug use,
• the defendant’s IQ or the presence of a mental health issue,
• the defendant’s employment history,
• any discernable sexual behavior, like voyeurism, fetishes, or pedophilia, and
• behavior while in confinement, including whether the defendant completed sex offender or substance abuse treatment.¹⁴

The information for Level 2 and Level 3 sex offenders will be available on the online sex offender database. Information for Level 1 sex offenders will also be available, but only if they were convicted for any of the following offenses:

• sexual assault,
• commercial or non-commercial sexual exploitation of a minor,
• luring or aggravated luring of a child for sexual exploitation, if the victim was under 12,
• sexual abuse or continuous sexual abuse, if the victim was under 12,
• child molestation, if the victim was under 12,
• sexual conduct with a minor, if the victim was under 12,
• taking a child for the purpose of prostitution, if the victim was under 12,
• child prostitution, or
• child sex trafficking.¹⁵

The following sex offender information will be available online:

• their name, age, and address,
• a current photograph,
• the offense committed that led to the sex offender’s registration requirements, and
• the sex offender’s Level.¹⁶

The community notification process is also different for each Level.

Finally, state law may put restrictions on where some Level 3 sex offenders can live.¹⁷

4. What are community notification requirements?

When registered sex offenders are released from prison or move to a new area, Arizona law requires that the community be notified of their presence. The extent of the community notification depends on the sex offender’s Level.

For Level 1 sex offenders, the local law enforcement agency will maintain a record of the sex offender. They may notify the people who are sharing a residence with the offender.¹⁸

For Level 2 and Level 3 offenders, a physical notification will be distributed. This flyer will be distributed to the local community and schools, as well as to the offender’s employer. It may also get printed by local newspapers and posted online.¹⁹

These community notification requirements come from Arizona’s version of Megan’s Law.

5. When do registration requirements end?

In most cases, sex offenders have to continue to re-register every year for the rest of their lives. There are, however, a few very limited exceptions.

If a juvenile is adjudicated delinquent, he or she will only be required to register as a sex offender until they turn 25 years old.²⁰

If the defendant was under 18 at the time of the offense, the judge can end the registration requirements after the successful completion of probation.²¹

If the defendant was convicted for any of the following crimes, has fulfilled all restitution obligations, and has not been convicted for another offense requiring registration, then they only need to register for 10 years:

• unlawful imprisonment of a minor, or
• kidnapping of a minor.²²

Finally, if the sex offender was convicted for sexual conduct with a minor, he or she can petition the court to terminate their registration requirements. A hearing will only be allowed if the offender can show:

• they were under 22 years old 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 successfully complied with all of the sex offender terms during probation,
• they have not been convicted for a misdemeanor sex offense or sexual exploitation of children offense, or for any other felony since being released,
• they are not a sexually violent person,
• they were not imprisoned for the offense, and
• there was only 1 victim.²³

If the sex offender can prove all of these factors at the court hearing, and the judge does not believe that it is in the best interests of the public to continue to require registration, then the judge will terminate the registration requirements.²⁴

6. What if a sex offender moves or changes their name?

If a sex offender moves or changes their name, he or she will have to update their information in the database by notifying the county sheriff within 3 days.²⁵ This has to be done both in-person and by mail.²⁶ They also have to provide written notice to the sheriff of the county from which they are moving within 3 days.²⁷

Weekend and legal holidays are not included in the 3 days.

Anyone who has to register as a sex offender and who is visiting Arizona for more than 10 days has to register in Arizona.²⁸

7. What if a registered sex offender does not comply?

If someone is required to register as a sex offender in Arizona and either does not register, fails to renew their registration, or fails to update their information, they can be charged with a crime.

Not registering at all is a Class 4 felony.²⁹Convictions carry between 1 year and 3 years and 9 months in prison.³⁰

Failing to re-register is a Class 6 felony that is also subject to an additional $250 assessment.³¹These convictions carry between 4 months and 2 years in prison.³²

---

Legal References: