Sex Offender Registration, Minors

Criminal Law Update

In re Tiemann, __Mich App__ (2012 WL 1623528, No. 303813, May 8, 2012, released for publication July 3, 2012)(may’12). At a consent hearing under MCL 28.723(a), the trial court found that Tiemann had not met his burden of establishing consent, and therefore he was required to register under SORA. Due process was not offended by a consent hearing which placed the burden on defendant as the SORA is not considered punishment. Since the SORA is a regulatory statute and not criminal, a defendant has no confrontation clause rights at the hearing.