New York Sex Offender Registry Information

According to the Sex Offender Registration Act or SORA, any individual convicted of sex crimes must register with the Division of Criminal Justice Services (DCJS). The Sex Offender’s Registry in New York makes it mandatory for all sex offenders to register themselves and makes the information contained in the registry available to the general public and the law enforcement agencies in the state.

Determination and Assigning Risk Level to the Sex Offenders

When a sex offender is released after a conviction for any of the sex crimes that fall under the New York State’s registered offenses, the sentencing court conducts a hearing to determine the length of the registration period and the risk that the offender poses to the community. The court examines the details of the case such as the age of the victim, the nature of the assault or injury, if the offender is related to the victim or not, use of drugs or alcohol, or any other weapons and such. Based on these facts, the court assigns a risk level to the offender which also determines his or her registration period.

There are three risk levels that can be assigned by the court to the sex offenders. These are Level 1, Level 2 and Level 3.

The risk level depends on the court’s evaluation of a particular offender’s likelihood to repeat the offense in the future.

When the court assigns Level 1 to an offender, it implies that the court believes that the offender poses a relatively low risk to the community or has a less likelihood of committing another crime. Level 2 indicates a moderate risk and Level 3 signifies that the offender is considered to be of high risk to the community or committing a similar or graver sex crime in the future.

What type of information can be released about a sex offender is based on the risk level that he or she poses to the community. While the law enforcement agencies have access to all levels, information about Level 1 sex offenders is not made available to the general public. The public has access to information on Level 2 and Level 3 sex offenders that are listed on the Division of Criminal Justice Service’s public website.

To learn  about the registration of a sex offender in New York State you can call at the 1-800-262-3257 Information line.

Apart from assigning a risk level, the sentencing court in New York, also assigns a designation to the sex offender such as “sexual predator”,” predicate sex offender” and “sexually violent offender”. According to these classifications, “predicate sex offenders”, “sexually violent offenders” and “sexual predators” require to register for life, sex offenders that are assigned risk Level 1 require to register for 20 years and Level 2 and Level 3 sex offenders require to register for life.

Risk Level Modification

Under New York State, Correction Law, Section 168-o, registered sex offenders or their attorneys can request the sentencing court for a petition to modify the level of risk that is assigned to them.

Exemption from Registration

New York State laws ( Correction Law, Section 168-o (1) ) allows sex offenders that have been assigned a risk Level 2 but not assigned any designation such as “sexually violent offenders “,“sexual predators” and “predicate sex offenders” and  may have been registered for a period of thirty years to seek relief from further registration. This is dependent on the sentencing court that had originally assigned the risk level and designation.

For more information on the risk level and the designation assigned to a sex offender you can visit: http://criminaljustice.state.ny.us/nsor/risk_levels.htm.

Registered Offenses

There are three categories of sexual offenses that require registration in the state of New York. These are:
•    Sex offenses that fall under the State Penal Law of New York State
•    Sex offenses under Section 130.91 of the New York State Penal Law which deals with felonies that are sexually motivated
•    Sexual offenses that have been committed in another jurisdictions.

Sex Offenses Under the State Penal Law

This section deals with registered sex crimes that deal with   hate crime cases and crime of terrorism. Some of the crimes that require registration under this section include; luring a child that falls under statute 120.70 (Felony E), first degree rape charge that falls under statute 130.35 (Felony B), first degree abduction charge under statute 130.25 (Felony A II), “predatory sexual assault” that falls under statute 130.95 ( Felony A).

To view the complete list please visit: http://criminaljustice.state.ny.us/nsor/sortab1.htm.

Sex Offenses Under Section 130.91:

This section deals with registration for sexually motivated felony cases such as stalking (statute 120.60, Felony D), an assault involving a gang, (statute 120.07, Felony B), forced prostitution (statute 230.30 and statute 230.32 Felony B and Felony C), forcing a child into prostitution (statute 263.05., statute 263.10 and statute 263.15, Felony C and Felony D).

To view the complete list of offenses under this category, you can visit: http://criminaljustice.state.ny.us/nsor/sortab1.htm.

Sexual Offenses in Other Jurisdictions

This section deals with the registration of offenders that may have been convicted in another state, county    or courts such as military courts and federal courts. The registered offenses under this category include: child pornography, buying or selling of children for promoting prostitution, and forcing children into prostitution or committing sexual acts and such.

For information on the New York Sex Offender Registry, or to correct any information available on the sex offender registry, you can contact at:

Mailing Address: New York State Division of Criminal Justice Services, Sex Offender Registry, 4 Tower Place, Albany, New York 12203.

Phone (Main Line): 518-457-3167
Phone (Database Search): 800 - 262- 3257
Email: infodcjs@dcjs.state.ny.us Website: http://criminaljustice.state.ny.us/nsor/.