Sex Offender Registry – Level One Sex Offenders
Question: In a recent article you said that the public registry of convicted sex offenders maintained by the Arizona Department of Public Safety shows the names and addresses of Level One, Level Two, and Level Three convicted sex offenders. I believe that Level One convicted sex offenders are not currently listed in the public registry. Am I correct?
Answer: You are correct. Level One convicted sex offenders are currently not listed on the Arizona Department of Public Safety public registry. My understanding, however, is that the crime of public urination will soon no longer be a Level One offense, and that Level One convicted sex offenders will then be added to the public registry of convicted offenders.
Note: The standard real estate purchase contract in Arizona requires the buyer to exercise due diligence, and conduct inspections and investigations during the ten-day inspection period.
Original Question: In a recent column you said that a seller of a home in Scottsdale did not have to disclose to the buyer that the next door neighbor’s 15-year-old son had been arrested for molesting a 12-year-old girl. Under the standard real estate contract in Arizona a buyer is advised to go online to the public registry for sex offenders to see if there are any sex offenders in the community. Why does the seller have to disclose anything to the buyer if the buyer has been informed in writing of the availability of this public registry for sex offenders?
Original Answer: The public registry of the home addresses of Level One, Level Two, and Level Three convicted sex offenders is available online. There is no public registry, however, for an individual who has only been arrested for a sexual offense. The police must have had probable cause to arrest this 15-year-old. Therefore, this 15-year-old is probably a “sex offender” that, under A.R.S. §32-2156, neither a seller nor a real estate agent has to disclose to a buyer.