Sex Offender Registration Lawyer
Sex Offender Registration in New York
If you have been convicted of a registerable offense in New York, you will be required to register as a Sex Offender with the Division of Criminal Justice Services. The sentencing court holds a hearing to determine the level of community notification and duration of registration.
The court will look at what happened in your particular case and determine your "risk level." It will look at things such as the number of victims involved, the victim's age, injury to the victim, relationship to the victim, the use of alcohol or drugs, and the use of weapons and force. The risk level determined is essentially an assessment of your likelihood to repeat a registerable offense and the danger you may pose to society. It is an individualized unique assessment to each individual.
There are three risk levels that can be assigned: 1, 2, or 3. Level 1 means that you are at a low risk of repeating a registerable offense; Level 2 is a moderate risk of repeating; and Level 3 is an assessment that you are a high risk of repeating and are also a threat to public safety. The risk level governs the amount and type of information which can be released to the community along with the duration of registration.
The sentencing court can also determine whether you should be designated as a sexual predator, a sexually violent offender, or a predicate sex offender. A sexual predator is an offender who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes him or her likely to engage in predatory sexually violent offenses. A sexually violent offender is an offender who has been convicted of a sexually violent offense. A predicate sex offender is a sex offender who has been convicted of a sex offense when the offender has been previously convicted of a sex offense. This designation along with the risk level will determine the duration of your registration to the Division of Criminal Justice Services.
There are some notable differences in the obligation of a sex offender, which depends on their risk level and/or designation. Here are a few examples: If you were assessed a Risk Level 1 without a designation then you must register for 20 years. If you were given any designation, even if you were assessed a Risk Level 1, then you must register for life. Level 1 and 2 offenders must report in person to a local police agency every three years to have a current photograph taken- level 3 offenders must do this every year. Level 3 offenders and offenders with a sexual predator (regardless of the risk level) must personally verify their address every 90 days with law enforcement. Also, Level 2 and 3 offenders have an obligation to provide the address of their employer. All offenders are required to report annually where they live and must provide their internet service providers, internet screen names, and email accounts. Perhaps the most noticeable difference is that information about Level 2 and 3 offenders can be obtained from the Division of Criminal Justice Services website- by law, Level 1 offenders cannot be listed on the website.
Interestingly, employers have recently gotten more and more invasive in their background questions to employees. Some now ask whether you have ever had a charge or conviction that was later set aside or expunged. We have seen questions regarding being treated for an addictive disorder, a neurological or behavioral condition, or if you have a health condition that will result in a general decline of your health so as to impair your ability to work. Some flat out ask whether you are a registered sex offender
Failure to comply with your sex offender obligations is a felony level offense. A first conviction is an E felony while a second is a D felony. Some common New York registerable sex offenses are:
Penal Law § 130.20- Sexual Misconduct, Class A Misdemeanor
Penal Law § 130.52- Forcible Touching, Class A Misdemeanor
Penal Law § 130.55- Sexual Abuse in the Third Degree, Class B Misdemeanor
Penal Law § 130.60- Sexual Abuse in the Second Degree, Class A Misdemeanor
Penal Law § 230.04- Patronizing a Prostitute in the Third Degree, Class A Misdemeanor
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