9.18General Public Notification and Computerized Database Requirements
“Except as provided in [the SORA], a registration or report is confidential and information from that registration or report shall not be open to inspection except for law enforcement purposes. The registration or report and all included materials and information are exempt from disclosure under . . . the freedom of information act . . . . MCL 15.243.” MCL 28.730(1).
B.Unauthorized Disclosure of Information2
Unless otherwise permitted under the SORA, any person, with the exception of the registrant, who has knowledge of a registration or report under the SORA, must not disclose the information. MCL 28.730(4). A person “who divulges, uses, or publishes nonpublic information concerning the registration or report in violation of [the SORA] is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00, or both.” Id.
If an individual’s registration or report is revealed in violation of the SORA, that individual may bring a civil cause of action for treble damages against the responsible party. MCL 28.730(5). See Redmond v Heller, 332 Mich App 415, 436-437 (2020) (plaintiff was permitted to assert a claim under MCL 28.730(5) after defendant posted nonpublic information about an offender registered under the SORA).
“[MCL 28.730(4) and MCL 28.730(5)] do not apply to the public internet website described in [MCL 28.728(2)] or information from that public internet website that is provided or made available under [MCL 28.728(2) or MCL 28.728(3)].”MCL 28.730(6).
[See next page for a table containing a history of listed offenses.]
History of sted OffensesLi1 1994 PA 295 eff. 10/1/1995 Listed offenses in MCL 28.722(d)(i)-(vi). 1999 PA 85 eff. 9/1/1999 Listed offenses in MCL 28.722(d)(i)-(xiii). 2005 PA 301 eff. 2/1/2006 Listed offenses in MCL 28.722(e)(i)-(xiv). 2011 PA 17 eff. 7/1/2011 Defining listed offenses as tier I, MCL 28.722(s)(i)-(ix), tier II, MCL 28.722(u)(i)-(xii), or tier III offenses, MCL 28.722(w)(i)-(viii). See MCL 28.722(k). 2014 PA 328 eff. 1/14/2015 Listed offenses are tier I, MCL 28.722(s)(i)-(x), tier II, MCL 28.722(u)(i)-(xiii), or tier III offenses, MCL 28.722(w)(i)-(viii). MCL 750.145a - tier II. MCL 750.145b - tier II. MCL 750.145b - tier II. MCL 750.145c(4) - tier I. MCL 750.145c(2) - tier II. MCL 750.145c(3) - tier II. MCL 750.145c(4) - tier I. MCL 750.145c(2) - tier II. MCL 750.145c(3) - tier II. 3rd/subsequent violation of any combination of: MCL 750.167(1)(f), or a corresponding local ordinance. 3rd/subsequent violation of any combination of: or a corresponding local ordinance. 3rd/subsequent violation of any combination of: or a corresponding local ordinance. eliminated MCL 750.167(1)(f) MCL 750.335a(2)(b), if victim is a minor - tier I. MCL 750.335a(2)(b), if victim is a minor - tier I. MCL 750.455 - tier II. MCL 750.455 - tier II. MCL 750.520b with exceptions - tier III. See Section 2.2 and Section 9.4(B). MCL 750.520b with exceptions - tier III. See Section 2.2 and Section 9.4(B). MCL 750.520c against a victim age 13 or older but under age 18 - tier II. See Section 2.3. MCL 750.520c against a victim age 18 or older - tier II. See Section 2.3. MCL 750.520c against a victim under age 13 - tier III. See Section 2.3. MCL 750.520c against a victim age 13 or older but under age 18 - tier II. See Section 2.3. MCL 750.520c against a victim age 18 or older - tier II. See Section 2.3. MCL 750.520c against a victim under age 13 - tier III. See Section 2.3. MCL 750.520d with exceptions - tier III. See Section 2.4and Section 9.4(B). MCL 750.520d with exceptions - tier III. See Section 2.4 and Section 9.4(B). MCL 750.520e if victim is age 18 or older - tier I. See Section 2.5. MCL 750.520e against victim age 13 or older but under age 18 - tier II. See Section 2.5. MCL 750.520e by actor age 17 or older against a victim under age 13 - tier III. See Section 2.5. MCL 750.520e if victim is age 18 or older - tier I. See Section 2.5. MCL 750.520e against victim age 13 or older but under age 18 - tier II. See Section 2.5. MCL 750.520e by actor age 17 or older against a victim under age 13 - tier III. See Section 2.5. MCL 750.520g(2) against a victim age 18 or older - tier I. See Section 2.7. MCL 750.520g(2) against a victim age 13 or older but under age 18 - tier II. MCL 750.520g(1) with exceptions - tier III. See Section 2.6 and Section 9.4(B). MCL 750.520g(2) against victim under age 13 - tier III. MCL 750.520g(2) against a victim age 18 or older - tier I. See Section 2.7. MCL 750.520g(2) against a victim age 13 or older but under age 18 - tier II. MCL 750.520g(1) with exceptions - tier III. See Section 2.6 and Section 9.4(B). MCL 750.520g(2) against victim under age 13 - tier III. attempt/conspiracy to commit offense listed. attempt/conspiracy to commit offense listed. attempt/conspiracy to commit offense listed. attempt/conspiracy to commit attempt/conspiracy to commit attempt/conspiracy to commit attempt/conspiracy to commit tier I offense. attempt/conspiracy to commit tier II offense. attempt/conspiracy to commit tier III offense. offense substantially similar to offense listed under law of US, any state, or any country. offense substantially similar to offense listed under law of US, any state, or any country, or under tribal or military law. offense substantially similar to offense listed under law of US, any state, or any country, or under tribal or military law. offense substantially similar to tier I/tier II/ tier III offense listed under 42 USC 16911,1 or law of any state, or any country, or under tribal or military law - tier I, tier II, tier III. offense substantially similar to tier I/ tier II/ tier III offense listed under 42 USC 16911,2 or law of any state, or any country, or under tribal or military law - tier I, tier II, tier III. MCL 750.158 MCL 750.158 MCL 750.158 against a minor with exceptions - tier II. See Section 3.14and Section 9.4(A). MCL 750.158 against a minor with exceptions - tier II. See Section 3.14 and Section 9.4(A). except for juvenile disposition or adjudication, except for juvenile disposition or adjudication, MCL 750.338, MCL 750.338a, and MCL 750.338b against a victim age 13 or older but less than age 18 with exceptions - tier II. See Sections 3.10, 3.11, 3.12 and MCL 750.338, MCL 750.338a, and MCL 750.338b against a victim under age 13 - tier III. See Sections 3.10, 3.11, 3.12. MCL 750.338, MCL 750.338a, and MCL 750.338b against a victim age 13 or older but less than age 18 with exceptions - tier II. See Sections 3.10, 3.11, 3.12 and MCL 750.338, MCL 750.338a, and MCL 750.338b against a victim under age 13 - tier III. See Sections 3.10, 3.11, 3.12. MCL 750.349 MCL 750.349 MCL 750.349 See Section 3.22. MCL 750.349 See Section 3.22. MCL 750.350 - tier III. MCL 750.350 - tier III. MCL 750.448 MCL 750.448 MCL 750.448 See Section 3.7. MCL 750.448 See Section 3.7. other violation of MI law or local ordinance of municipality that by its nature constitutes a sexual offense against a victim under age 18. other violation of MI law or local ordinance of municipality that by its nature constitutes a sexual offense against a victim under age 18. other violation of MI law or local ordinance of municipality that by its nature constitutes a sexual offense against a minor and offense is not a tier II or tier III offense - tier I. other violation of MI law or local ordinance of municipality that by its nature constitutes a sexual offense against a minor and offense is not a tier II or tier III offense - tier I. offense committed by a person who was a sexually delinquent person under MCL 750.10a at the time. offense committed by a person who was a sexually delinquent person under MCL 750.10a at the time. offense committed by a person who was a sexually delinquent person under MCL 750.10a at the time - tier I. offense committed by a person who was a sexually delinquent person under MCL 750.10a at the time - tier I. MCL 750.335a(2)(b) if prior conviction for MCL 750.335a. MCL 750.335a(2)(b) See Section 3.11. MCL 750.335a(2)(b) See Section 3.11. MCL 750.349b See Section 3.26. MCL 750.349b See Section 3.26. MCL 750.539j See Section 3.27. MCL 750.539j See Section 3.27. MCL 750.145d(1)(a) unless violation arose from violation of MCL 750.157c - tier II. See Section 3.21. MCL 750.145d(1)(a) unless violation arose from violation of MCL 750.157c - tier II. See Section 3.21. MCL 750.449a(2) - tier I. See Section 3.6. MCL 750.462e(a) - tier II. See Section 3.6.
See Section 3.5.
See Section 3.3.
See Section 3.4.
See Section 3.5.
See Section 3.3.
See Section 3.4.
See Section 2.7.
See Section 2.7.
See Section 2.7.
See Section 2.7.
if victim under
age 18.
if victim under
age 18.
MCL 750.338,
MCL 750.338a, MCL 750.338b,
if victim under
age 18.
MCL 750.338,
MCL 750.338a, MCL 750.338b,
if victim under
age 18.
if victim under
age 18.
if victim under
age 18.
if victim is a minor - tier III.
if victim is a minor - tier III.
if victim under
age 18.
if victim under
age 18.
if victim is a minor - tier II.
if victim is a minor - tier II.
if victim is a minor - tier I.
if victim is a minor - tier I.
if victim is a minor - tier I.
if victim is a minor - tier I.
if victim is a minor - tier I.
if victim is a minor - tier I.
2. See M Crim JI 20.39h, Sex Offenders Registration Act Violations – Registering Agent Offenses.
1.Effective October 1, 2002, 2002 PA 542 amended MCL 28.722 by relettering the provision in that statute that contained the listed offenses at that time. After that amendment, the listed offenses appeared in MCL 28.722(e) until the statute was again amended (more substantively) and relettered by 2011 PA 17. Subsequently, effective March 24, 2021, 2020 PA 295 amended MCL 28.722 by relettering the provisions in MCL 28.722 that contain the offenses characterized as tier I, tier II, and tier III offenses. No substantive changes were made to the offenses listed in those provisions. Tier I offenses now appear in MCL 28.722(r), tier II offenses now appear in MCL 28.722(t), and tier III offenses now appear in MCL 28.722(v).