What Is a Level 4 Sex Offender?
Some states classify sex offenders in levels, with specific levels indicating a more violent offender with a risk to public safety. While some states have a classification for Level 4 offenders, New Mexico is not one of them. Every state has a unique classification system that determines the restrictions a registered sex offender has upon release.
In New Mexico, a tier system does apply. This tier system runs from Tier 1 to Tier 3.
What Is a Level 4 Sex Offender and Where Did It Come From?
The Level 4 classification is one currently used in Arkansas, and it is for anyone classified as a sexually violent predator who has been found guilty of a sex offense or who was adjudicated due to mental disease or defect, but they are likely to repeat similar offenses. Basically, these are high-risk individuals whom the courts feel are most likely going to attack someone again. New Mexico has not adopted a Level 4 system at this time.
What Do the Tier Levels Mean?
Tier systems do not always indicate the severity of the crime, and instead, they classify how long a sex offender must register for and the category of crime they were convicted of.
Tier 1 Sex Offender
Tier 1 offenders are the lower risk category, and their offenses often include menacing by stalking, voyeurism, sexual imposition, or pandering obscenity. Regardless, someone convicted of a crime in this category and required to register as a Tier 1 offender must register for 15 years minimum.
Also, an attempt to commit the crimes listed above, as long as they were not an attempt to commit any crime listed under Tier 2 and Tier 3, falls into this category for registration.
Tier 2 Sex Offender
A Tier 2 sex offender is one where the individual was convicted of a sex crime that required more than one year in jail. These can include offenses involving minors, conspiracy to commit a sexual offense, prostitution or solicitation, pornography, and other acts involving minors.
Tier 2 offenders must register for up to 25 years.
Tier 3 Sex Offender
A Tier 3 designation is the most serious designation a defendant can receive. It requires a lifetime registration with the sex offender registry. This tier includes serious offenses like rape, battery, murder with sexual motivation, and kidnapping a minor to engage in sexual acts.
What Happens If You Must Register as a Sex Offender in New Mexico?
The Sex Offender Registry in New Mexico is managed by the Sheriff’s Office. The registry manages its Offender Watch system, which is then used by inputs from the Sheriff’s office. The system will also create an automatic public website that generates map locations of nearby offenders, and it serves as an extension of the NCIC.
Those required to register include any convicted sexual offender who moves into the state or one that currently resides and is relocating. Offenders must report to the county Sheriff’s office in the county where they will be living. Offenders must also bring in all court documents that show their sentencing report and how long they must register.
Even those visiting the state must register with the Sheriff’s office if they were convicted before July 2013 if they will be in the state for more than ten days. Those convicted after July 2013 must register if they will be in the state for more than five days.
How Often and the Length of Registration Can Vary
While there are standard tiers, you may be required to register for longer, depending on the risk classification you are under. These determine how often you must physically check-in and register or confirm that you are living in the same location and can include:
- 90-day re-registration
- 90-day non-registration
- Annual registrations
- Non-annual registrations
- Semi-annual registrations
Some offenders may be on the list for 15 years, but they may not have to check-in and re-register or confirm each year.
What Information You Must Include
Registration will include multiple forms of information, including your legal name and aliases, social security number, current address, place of employment, date of birth, the date and place where the sexual act conviction occurred, the sex offense you are convicted of, and employer contact information.
If any of this information changes, a person must notify the sheriff’s office immediately and change their registration to reflect their updated data. For example, if someone changes jobs, they must notify the sheriff’s office of that new employment and provide updated employer information to the sheriff’s office.
If one is a resident of another state, but they are in New Mexico for work or school, they must still register within the first ten days of moving into the state or they will violate the state’s registration law. Furthermore, they must provide their out-of-state location information and the residence or lodging where they are staying during their time in the state.
Also, upon the in-person registration, an offender will have to provide a DNA sample, a photograph, a complete set of their fingerprints, a description of any tattoos or other marks on their body that would assist in their identification, and any other identifying scars.
Convictions for Sex Offenses Are Real – and Long-Term
As you can see, you can still be required to register as a sex offender for up to 15 years as a “Tier 1.” And being forced to register means that everywhere you go, your neighbors, friends, and coworkers will know your status.
Having the right representation at the time of your arrest is crucial. A sex crime conviction will affect you the rest of your life. You may disqualify for government aid, employment, and even housing in some housing complexes.
Therefore, you need an attorney that understands the importance of an aggressive defense.
For your pending sex crime case, contact the defense team at New Mexico Criminal Law Offices today. Our attorneys are here to ensure that you get a fair trial and that your life is not ruined for false accusations of sexual acts.
Contact us now at 505-200-2982 for a free case evaluation or contact us online to get started.