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Sex Offender Registration
In New York State, all sex offenders, whether convicted here or out-of-state, are required to register under the Sex Offender Registration Act, sometimes known as Megan's Law. The length of time of registration and reporting requirements vary based on a risk assessment of the sex offender. Not all New York sex offenders must be listed on the internet, but if a judge determines you are moderate- or high-risk, you will be listed on the state and federal sex offender websites. In New York, offenders deemed by a judge to be low risk or "Level One" are not listed on the internet.
Anyone subject to sex offender registration in New York is entitled to a hearing before a judge to determine his or her risk level.
The SORA Risk Assessment hearing is a very important phase of a criminal case. Depending on the circumstances, a hearing can take place when the defendant is sentenced, when his prison sentence is about to end, or shortly after he moves to New York. You are entitled to be notified of the evidence against you and to present witnesses at the hearing. You also have a right to counsel at the hearing. If you cannot afford a lawyer, the court must provide you with one at no charge. If you disagree with the risk assessment, you have a right to appeal it.
If you live in New York and think you might be subject to sex offender registration, please call us at 212-685-0999 for a free consultation.
For more information on sex offender registration, please see our Sex Offender Registration FAQs below and our Glossary of Legal Terms.
Do I Have to Register?
If you have live in New York and have been convicted of a sex offense, you must register. If you were convicted of a New York sex offense or a federal sex offense you will be required to register after your prison sentence ends.
If you move to New York and you have been convicted of a sex offense in another state that is the same as one of the New York sex offenses or of a federal sex offense, you must register. Corr. L. 168-K.
If you move to New York and you were required to register in the state where you were convicted based on a felony offense, you must register.
Note that before you are classified as a sex offender, you are entitled to a hearing before a judge so that you can fight the registration requirement. If you lose at the hearing, you are entitled to appeal. However, a legal paper called the "notice of appeal" must be filed within 30 days or you lose the right to appeal.
What Happens if I Have to Register?
The requirements for registration are quite complicated and are changing rapidly based on both new laws and an ongoing federal class action lawsuit brought by the Legal Aid Society. If you are deemed by the court to be at the highest risk level, you could have to personally verify your registration every 90 days for life. That means you will have to go in person to your local police station every three months to check in. The community will be notified of your presence by the police, a special (800) number, and on the Internet, where your photo and other specific identifying information will be posted. At the lower levels of registration, your personal information is made available or publicized.
Once your category and risk level are determined, the state will inform you of your reporting requirements. However, it is best to consult with an attorney before your risk level is determined in order to investigate whether there is any way to reduce your risk level at the hearing.
Check our what's new page for occasional updates.
What Happens if I Don't Register?
Failure to register or verify is a separate crime. In July 2007, the New York Legislature increased the penalty for failure to register so that the first offense is an E felony, punishable by more than a year in state prison. A second or subsequent failure to register is a D felony. Failure to register is also a basis for violation of parole or revocation of probation. See Corr. L. 168-t.
Because the burden is on the offender to register, failure to register is a particularly easy crime to prove in court if indeed you have failed to register. However, the police and the state occasionally misplace sex offender registrations, giving rise to false accusations. If this has happened to you, you need an aggressive attorney to protect your rights. Please contact our office for more information.
Can My Risk Level be Raised?
Yes. If you are convicted of a new crime or violation of probation or parole, the district attorney can file a motion to increase your level of registration. For example, if you are listed as level one at sentencing and violate parole after your release, the district attorney can ask the judge to increase you to level two or level three. You have procedural protections, though, including the right to a lawyer (for free if you cannot afford one), a hearing and advance notice of the proposed increase.
The Judge Set My Risk Level too High – Can I Ask for it to be Lowered?
Yes. There are two ways to lower your risk level. First, your attorney can appeal the judge's decision as long as you file a "notice of appeal" within thirty days of the decision. If you have been adjudicated level two or level three, you should ask your lawyer (preferably in writing) to file the notice of appeal immediately.
Even if you lose on appeal, you have a right to bring a petition for modification asking for your risk level to be lowered under Corrections Law § 168-o. You can only bring a petition for modification once a year and you bear the burden of proving by clear and convincing evidence that you are entitled to a lower level. If you are level two, you can also ask to be released from registration altogether—but only after thirty years on the registry. However, the law permits "any" sex offender to ask for downward modification: one federal court has ruled this permits level one offenders to ask to that their level be reduced, permitting them to stop registering altogether. In practice, you should hire an experienced sex crimes lawyer familiar with the New York Sex Offender Registration Act to file your petition for modification. If you feel your risk level is too high, please contact our law office for a consultation.