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This guide is published as a public service by the Storobin Law Firm in order to help viewers learn about cases in New York criminal court. It is not intended to be legal advice, merely a way to help you understand your needs as your case moves along in New York Criminal courts. All the information, including the law, procedure and penal code is believed to be accurate, but can't be guaranteed due to possible changes and errors. The guide is for information and entertainment purposes only with the express expectation and agreement by the readers that it will not be acted upon in any way. No attorney-client relationship exists or can exist based on the offering of the information in this guide. We strongly recommend that you retain the services of a competent New York criminal defense lawyer. |
For a free consultation with a criminal attorney, you may call (800) 391-8392.
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Sex Crimes
There are several crimes that may result in a determination that the defendant is a sex offender. Among them:
Rape: Non-consensual sexual relations.
Date Rape: Non-consensual sexual relations against people with a prior relationship.
Statutory Rape: Sexual relations with children who are incapable of consent due to their age.
Sex Abuse and Forcible Touching: Forced oral or anal contact, or sexual touching with a foreign object.
Child Pornography: Possessing, producing, trafficking or downloading images of children engaged in sexual activity.
Domestic Violence: Assaults by people who live together. May be a sex crime if a sexual act is part of the violence.
People Trafficking: Trafficking of people for sexual purposes.
Violation of Megan's Law: Failure to register is a crime. First offense is a misdemeanor. Second offense is a level D felony.
For a full list of crimes please see the New York Penal Code.
Sex Offender Adjudication
If you are subject to being registered as a sex offender in New York State, you are entitled to a hearing before a judge to determine whether you should be listed as a sex offender, and if so, what your level should be. There three levels of sex offenders - low risk is level 1, moderate risk is level 2 and high risk is level 3 - with varying degrees of reporting requirements. Level 1 sex offenders with no designation must register for 20 years. Level 2 and level 3, as well as level 1 sex offenders with a designation, must register for the rest of their life. The levels are assessed to each sex offender based on a risk of recidivism (a.k.a. the risk of committing a sex crime again).
You have the right to an attorney during the hearing and the right to hear and contradict evidence against you, as well as to present your own evidence and testimony. If you lose the hearing, you have the right to appeal it. If your hearing and appeal result in a decision that you are a sex offender, you will have to register under Megan's Law, officially known as Sex Offender Registration Act. In New York State, all sex offenders, including those convicted in other states, must register under the Megan's Law.
Sex Offender Registration
A sex offender must register with the Division of Criminal Justice Services (DCJS) by signing a Sex Offender Registration Form. A sex offender who is in jail or prison will be registered by the correctional facility 15 days before being released. The correctional facility will provide the offender with the registration form. Otherwise, the sex offender will be registered by the sentencing court. The court will provide the offender with the registration form.
Sex Offender Responsibilities
1. Annually verify address with the Division of Criminal Justice Services (DCJS). Level 3 offenders will have to verify their address every 90 days.
2. Notify the DCJS, in writing, no later than ten days after a change in address.
3. Notify the DCJS, in writing, when enrolled in or working at an institution of higher learning within 10 days.
4. Level 1 or Level 2 sex offenders must personally appear every 3 years in person. Level 3 offenders must appear in person every year.
5. Level 3 sex offenders are required to notify DCJS, in writing, of employer's name and address.
The sex offender may move to another state, but must notify the authorities in the new state upon moving. Likewise, a person who is registered as a sex offender in another state must notify New York authorities upon moving to NYS.
* This is a list of basic responsibilities. Please refer to the back of the registration form and Correction Law Article 6-C for more information.
Sex Offender Information
NYS Sex Offender Registry web site: criminaljustice.state.ny.us/nsor/index.htm.
New York State Sex Offender Registry phone: (800) 262-3257
National Sex Offender Public Registry (NSOPR): http://www.nsopr.gov
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