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Romeo & Juliet Exemption
Are There Circumstances That Would Allow a Tier I, Tier II, or Tier III Offender to Stay off of the Sex Offender Registry?
One of Michigan’s up and coming exemption to the Sex Offender Registry is the Romeo and Juliet Exemption. Under the Romeo and Juliet Exemption, if an offender meets one of these three sets of criteria they may petition the court for an order that would allow them from not having to register on the Sex Offender Registry. The Romeo and Juliet Exemption apply to both adult and juvenile offenders.
Criteria 1The court must grant a petition by an offender if a conviction from the listed offense in Tier I, Tier II, or Tier III was a result of a consensual sexual act between the offender and victim and the victim was 13 years old or older but was less than 16 years old at the time of the offense and the offender was not more than 4 years older than the victim. If this circumstance is present, the offender will not be required to register on the Sex Offender Registry.
Criteria 2The court must grant a petition by an offender if the court determines that the offender was convicted of a consensual act in the course of committing sodomy, gross indecency between males, gross indecency between females, or gross indecency between male and female if the victim was 13 years old or older but less than 16 years old at the time of the violation and the offender was not more than 4 years older than the victim. If this circumstance is present, the offender will not be required to register on the Sex Offender Registry.
Criteria 3The court must grant a petition by an offender if the court determines that the offender was convicted of a consensual act in the course of committing sodomy, gross indecency between males, gross indecency between females or gross indecency between male and female if the victim was 16 years old or older at the time of the violation and the victim was not in the custody of the offender at the time of the violation. If this circumstance is present, the offender will not be required to register on the Sex Offender Registry.
