Sex Offender Registry

Have you been convicted of a sexual criminal offense? Are you aware that if you have been convicted of certain sexual criminal offenses after October 1, 1995, you are required to register as a sex offender.

You may ask yourself, what is the Sex Offender Registry? The Sex Offender Registry (SORA) is a database that is only available for law enforcement purposes. SORA contains the sex offender registration records for both public and non-public offenders and the offenders’ information.

You may also ask yourself, how do I know whether or not I am required to register as a sex offender on the Sex Offender Registry based upon my conviction of a sexual criminal offense. An individual who is convicted for a crime specifically referenced as a “listed offense” is required to register on the Sex Offender Registry. The “listed offenses” are classified in a tier system. This tier system is used to distinguish the seriousness of the offense, the time length of required registration, and whether the individual’s information will be listed for the public to view. The tier system is broken down into three tiers: Tier I; Tier II; and Tier III.

The answer may come from the case “Does v. Snyder” which has deemed the sex registry unconstitutional. Our firm is on top of the changing law and doing our part to change this over-inclusive registry.

A Tier I offender is an individual who has been convicted of certain offenses that are related to a type of sex crime. These type of offenses would include:

• Knowingly possessing child sexually abusive material;
• Indecent exposure with fondling if the victim is a minor;
• CSC in the fourth degree if the victim is 18 years old or older;
• Surveillance, photographing, or distributing images in violation of privacy if the victim is a minor;
• An offense committed by a person who was, at the time of the offense, a sexually delinquent person; and
• Attempt or conspiracy to commit a Tier I offense.

An individual who is classified in Tier I is required to be registered on the Sex Offender Registry for 15 years excluding any periods of incarceration. Once an individual is registered, they must comply with its continual reporting requirements. A Tier I individual is required to report once a year based upon their birth month.

An individual who has been convicted of one of the following offenses will be considered a Tier II offender when it comes to the sex registry. Those following offenses would include:

• Accosting or soliciting a minor less than 16 years old for immoral purposes;
• Production of child sexually abusive activity;
• Distribution of child sexually abusive activity
• Recruiting, enticing, harboring, transporting, providing, or obtaining by any means a minor for commercial sexual activity;
• Solicitation or prostitution if the victim is a minor;
• CSC in the second degree against an individual 13 years old or older but less than 18 years old;
• Assault with the intent to commit CSC in the second degree committed against an individual 13 years old or older but less than 18 years old; and
• Attempt or conspiracy to commit a Tier II offense.

An individual who is classified in Tier II is required to be registered on the Sex Offender Registry for 25 years excluding any periods of incarceration. Once an individual is registered, they must comply with its continual reporting requirements. A Tier II individual is required to report biannually based upon their birth month.

If an offender is convicted of gross indecency between males committed against an individual less than 13 years old, gross indecency between males and females committed against an individual less than 13 years old, kidnapping a child under the age of 14, CSC in the second degree committed against an individual less than 13 years old, or assault with the intent to commit CSC in the second degree committed against an individual less than 13 years old will be considered to be a Tier III offender for the purposes of registering on the sex registry.

An individual who is classified in Tier III is required to be registered on the Sex Offender Registry for life. Once an individual is registered, they must comply with its continual reporting requirements. A Tier III individual is required to report quarterly based upon their birth month.