New York Sex Offender Registration
Defense from Our Queens & Manhattan Defense Firm
If you are facing allegations of a sex crime, one of the most serious penalties you may face upon a conviction is registration as a sex offender. The team at Musa-Obregon Law PC can provide the level of criminal defense counsel you need to fight your sex crime charges, helping you avoid this and other life-changing penalties like imprisonment and heavy fines. Now is the time to talk to a New York City sex crime defense lawyer at the firm, or you can read on to learn more about this important matter.
The state of New York requires that all sex offenders register under the Sex Offender Registration Act, no matter which state they were convicted in. Mandatory sex offender registration is one of the most devastating penalties an individual can be convicted of, as its impact is severe and can affect many areas of their personal and professional lives.
Registration is required for anyone convicted of a registerable sex offense, such as:
- Most sexual crimes involving minors
- Sexual abuse
- Sexual assault
- Specific prostitution crimes
- Sex trafficking
- Incest
- Rape
- Sodomy
- Criminal sexual acts
- Unlawful imprisonment
- Kidnapping
- Sexual misconduct
- Forcible touching
- Unlawful surveillance
The information included on the sex offender registration site will vary depending on the categorization of the offender. The offender's public registration can include such facts as their name, physical description, date of birth, current address, current photo, identifying marks such as tattoos or scars, description of vehicles owned, risk level, sex offender designation, type of crime convicted of, sex and age of the victim, offender's sentence, jurisdiction agency, type of force used, and other facts. Whether you are in The Bronx, Brooklyn, Manhattan or Queens, our firm can represent your rights and fight to protect your freedom.
Sex Offender Categories
These sex crimes are then categorized by risk level, which impacts the offender's registration requirements. The three levels indicate what the court believes to be the offender's risk of harming the community and committing another crime, and are classified as Level 1 (low risk), Level 2 (moderate risk), and Level 3 (high risk). The offender's level will be determined by the sentencing court at the time of sentencing if a probation case, or at the time of the offender's release from custody if they have been in jail or prison for their conviction. Before the offender is scheduled to be released back into the community, the Board of Examiners of Sex Offenders will evaluate the specifics of the case and give their risk recommendation to the court. The court will conduct a risk level hearing and rule on the offender's level prior to their release.
An offender's risk level determines how much information can be made available to the public through their registration.
Additionally, the offender may also receive a sex offender designation which will determine the length of time they will be required to register:
- Sexual predator- An offender who has been convicted of a sexually violent offense and who is likely to engage in predatory sexually violent offenses as a result of a mental abnormality or personality disorder
- Sexually violent offender – An offender who was convicted of a sexually violent offense
- Predicate sex offender – An offender who was convicted of a sex crime with one or more previous sex crime convictions on their record
Registration Requirements
An offender must report their residence annually within 10 days of receiving the annual verification form to the Division of Criminal Justice Services (DCJS) by signing and returning the form. If the offender moves, they must notify the DCJS of their new address within 10 days of their relocation, and they must also report to the DCJS if they are attending, enrolled in, living at, or employed by a college or university and must report any changes to this status within 10 days. The DCJS also requires the offender to provide a written statement that includes their internet providers, email accounts, and any internet screen names.
The sex offender must also personally report to their local police agency to have a new photograph taken for the registry every three years if they are a Level 1 or Level 2 offender, and every year if they are a Level 3 offender. Additionally, Level 3 offenders and those with sexual predator designation must verify their addresses with law enforcement in person every ninety days. Level 2 and Level 3 offenders must also report the name and address of their employer and notify the DCJS of any changes in writing and signed by the offender.
Penalties for Failure to Register as a Sex Offender
Registration requirements are strict, and the failure to comply with the terms of registration can result in harsh penalties. Failure to register is a felony offense, and committing this crime even once will result in incarceration in a state prison for a minimum of one year. A first offense is a Class E felony, which is punishable by one to four years in state prison. A second registration offense is a Class D felony and could lead to incarceration in state prison for up to seven years.
If you are facing sex crime charges that could result in mandatory sex offender registration, you cannot wait another moment to enlist strong legal defense for your case. For those who are in risk of serious penalties as a result of failure to register, we can advocate on for you before the DCJS and the court. Musa-Obregon Law PC is dedicated to serving the people of NYC with the exceptional and experienced representation needed to effectively challenge criminal accusations. When your future and freedom are on the line, trust your case to a skilled professional.