Sex Offender Classification

Ohio Offenses under Adam Walsh Act Tiers

The Adam Walsh Act, or Adam’s list, is a federal sex offender list, used by states, that classifies sex offenses into either tier I, tier II, or tier III, based on a particular criminal conviction. Under the Act, states are required to disclose tier II and tier III offenders. Depending on the tier, convicted individuals have particular requirements placed on them. The purpose of this Act is to universalize the way sex offenses are recognized, along with the requirements placed on them.

In Ohio, individuals convicted of a sex offense are responsible for registering with the County Sheriff regularly, depending on the tier requirements, and must report any change of residential address, place of employment, or enrollment in a school or institution of higher education. A failure to register and fulfill the requirements placed on a convicted individual is considered a felony offense.

Tier I

1. Importuning 2907.07
2. Unlawful Sexual Conduct with a Minor 2907.04 (B)(2), unless consensual, case then not registration offense
3. Voyeurism 2907.08 (C) and (D) against a minor
4. Sexual Imposition 2907.06
5. Gross Sexual Imposition 2907.05 (A)(1)-(3) (5)
6. Illegal Use of a Minor in Nudity-oriented Material or Performance 2907.323 (A)(3) (AWA non-Ohio)
7. Voyeurism 2907.08 (A)(B) & (E) (Ohio, non-AWA)
8. Child Enticement 2905.05 (sexual motivation) (Ohio, non-AWA)

Tier II

1. Compelling Prostitution 2907.21
2. Pandering Obscenity Involving a Minor 2907.321
3. Pandering Sexually Oriented Material Involving a Minor 2907.322
4. Illegal Use of a Minor in Nudity-oriented Material or Performance 2907.323 (A)(1) & (2)
5. Child Endangering 2919.22 (B)(5)
6. Kidnapping with Sexual Motivation 2905.01 (A)(1)(3)(5)
7. Unlawful Sexual Conduct with a Minor 2907.04 (B)(1)(3)(4)
8. Any Sexual Offense that occurs after the offender has been classified as a Tier I sex offender

Tier III

1. Rape 2907.02
2. Sexual Battery 2907.03
3. Aggravated Murder with Sexual Motivation 2903.01
4. Murder with Sexual Motivation 2903.02
5. Unlawful Death or Termination of Pregnancy as a Result of Committing or Attempting to Commit a Felony with Sexual Motivation 2903.04
6. Kidnapping of Minor to Engage in Sexual Activity 2905.01(A)(4)
7. Kidnapping of Minor, Not By Parent 2905.01(B)
8. Gross Sexual Imposition 2907.05 (A)(4) (Under 13)*
9. Felonious Assault with Sexual Motivation 2903.11**
10. Any Sexual Offense that occurs after the offender has been classified as a Tier II sex offender

* Federal offense is victim under 16
** comparable to Attempted Sexual Abuse 18 USC 2242

The Tier classification system requirements are as follows:

• Tier 1 – Sex offenders must register with the County Sheriff at least once annually for a period of 15 years. In addition, they must register any change of residential address, place of employment, or enrollment in a school or institution of higher education.
• Tier 2 – Sex offenders must register with the County Sheriff every 180 days for a period of 25 years. In addition, they must register any change of residential address, place of employment, or enrollment in a school or institution of higher education.
• Tier 3 – Sex offenders must register with the County Sheriff every 90 days for life. In addition, they must register any change of residential address, place of employment, or enrollment in a school or institution of higher education.

Note: Tier III sex offenders are also subject to community notification, which means upon a change of residential address, the County Sheriff will provide notice to a neighborhood within 1,250 feet of the sex offender's residential address. The County Sheriff will also provide notice to schools, registered day-care providers, and law enforcement agencies within the 1,250-foot radius.