13 Jul 2022


Sex Offender Classification

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Academic level: High School

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Sexual offenses cover a wide are which describe their classification. Generally, a sex offense occurs when one individual knowingly causes another person to engage in sexual activities unwillingly (Services, 2018). Most American states have replaced this definition to include the act of subjecting someone to unwilling sexual activities or making improper sexual advances (Services, 2018). According to the Florida Statute 800:04, sexual activities committed towards a person aged 16 or below constitute sexual offenses as such a person is considered incapable of giving informed consent. Sexual crimes are investigated by sexual crimes investigations unit (Services, 2018). 

A sex offender is anyone convicted of a sex offense on or after 21st January 1996. In New York, Sex Offenders are required to register with the New York Division of Criminal Justice. Sex offenders are categorized based on their offenses. There are three levels of classification of sex offenders given as Tiers. Tier 1 classification is given to offenders who have been convicted for the first time for a sex offense or have been convicted of conspiring to commit a sexual offense ("Public Sex Offender Registry", 2018). They also include sexual offenses on minors such as possession of child pornography or false imprisonment of a minor. 

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Tier 2 classification is given to sex offenders convicted of a second offense that is not on the first time. The offense must also be punishable by more than one year’s jail time ("Public Sex Offender Registry", 2018). It also includes offenders against minorities engaging in activities including involving minors in prostitution, soliciting sexual advances from a minor, nonforcible sexual act with a minor where the minor is considered to be anyone below the age of 16 years or sexual contact with a minor who is below 13 years either directly or indirectly. Using a minor in sex performance or production or distribution of child pornography is also classified as Tier 2. 

In Tier 3 offenses, the offenders are convicted of sex offenses which are not Tier 2 or Tier 1 offenses and are punishable to more than 1 year’s jail time ("Public Sex Offender Registry", 2018). The offender must also have been a Tier 2 offender. It also involves offenses such as the non-parental kidnapping of a minor, forceful sexual activity with another person, committing a sexual act with an unconscious or a mentally incapacitated person or sexual contact with a minor who is the age of 12 years or below. The touch could be direct or indirect. 


Public Sex Offender Registry. (2018). Retrieved from https://hopi.nsopw.gov/FAQs.aspx#148 

Services, M. (2018). Sexual Crimes Investigations Unit - Miami-Dade County. Retrieved from http://www.miamidade.gov/police/sexual-crimes-inves-unit.asp 

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