In the state of New York, those convicted of sex crimes may be ordered to register as a sex offender for a certain amount of time. We’re answering some frequently asked questions about sex offender registration.
1. Who Must Register as a Sex Offender?
Any person who was convicted of a sex crime and was incarcerated, serving parole, or on probation after January 21, 1996 must register as a sex offender. These individuals must be registered before they can return to the community.
2. How are Sex Offenders Classified?
Sex offenders fall into 3 categories, depending on the level of risk they pose to the community:
- Level 1: Low
- Level 2: Moderate
- Level 3: High
The offender’s risk to the community is determined by their risk of committing another sex crime, and is usually determined before release. For probation cases, this is at the time of sentencing. For incarceration cases, this is at the time of release from custody. A risk level hearing will be held to assign a level to the offender and controls how much information will be available to the community.
Sex offenders may also fall into a certain designation. These designations, along with risk level, decide how long the offender must remain registered for. The designations are:
- Sexual predator
- Sexually violent offender
- Predicate sex offender
3. What Is the Difference Between Sexual Predator, Sexually Violent Offender, and Predicate Sex Offender?
Sexual predators are offenders who have committed a sexually violent offense and have been diagnosed with a mental illness or personality disorder that makes them highly likely to engage in predatory, sexually violent offenses again.
Sexually violent offenders have been convicted of a sexually violent offense, but have not been diagnosed with a mental illness or personality disorder that contributed to their offense.
Predicate sex offenders have been convicted of a sex offense previously before their current conviction.
4. How Long Does a Sex Offender Remain on the Registry?
Depending on the level of risk and the designation, registration can last from 20 years to life. Level 1 offenders without an additional designation are registered for 20 years. Level 2 and 3 offenders are registered for life.
5. Are Sex Offenders Restricted from Living in Certain Places?
In New York, the sex offender act does not restrict where a registered sex offender may live. If the offender is on probation, they are forbidden from living within 1,000 feet of a school or other child-care facility, such as a daycare.
6. Do Juvenile Sex Offenders Need to Register?
In most cases, a juvenile who has been convicted of a crime will not have their records made public, due to their age. A juvenile who has been convicted of a sex crime, however, must register as a sex offender.
7. What Happens if a Sex Offender Fails to Comply with Registry Requirements?
It is considered a Class E felony when an offender fails to comply with sex offender registry obligations. Subsequent convictions are punishable as Class D felonies.
If you have been convicted of a sex crime, you should contact the experienced team at Musa-Obregon Law PC. Our New York City sex crime defense lawyers are standing by to begin your case and protect your rights. Don’t let your future remain at risk. Learn how we can help with a free case evaluation.
Contact our firm today by calling (888) 502-8461.