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Legislation Megan's Law by State

Megan’s Law for New York

updated 8/14/13

Contact Person: New York State Sex Offender Registry (518) 457-3167.
Offenders Required to Register:

The Sex Offender Registration Act (SORA) requires anyone on parole or probation or imprisoned for a sex offense on January 21, 1996, to register with the Division of Criminal Justice Services. In addition, sex offenders sentenced to probation, local jail, or state prison after that date must register upon their return to the community. The law is amended periodically by the New York State Legislature to add additional registerable offenses. An updated list of registerable offenses can be found on the Division of Criminal Justice Services website at http://criminaljustice.state.ny.us/nsor/sortab1.htm.

Offenders convicted in other jurisdictions (e.g., federal , military, or another state or country) may be required to register if they are convicted of an offense that includes the essential elements of a New York State offense that requires registration; or they are convicted of a felony in another jurisdiction that requires registration as a sex offender in that jurisdiction; or if they are convicted of 18 U.S.C.A.§ 2251 (sexual exploitation of children);§ 2251A (selling or buying of children); §2252 (certain materials related to the sexual exploitation of children); §2252A (certain activities relating to or containing child pornography) or § 2260 ( production of sexually explicit depictions of minors for importation into the United States); § 2422(b) (coercion and enticement); § 2423 (transportation of minors) or § 2425 (use of interstate facilities to transmit information). Offenders convicted in other jurisdictions that reside in New York State are required to notify the Division of Criminal Justice Services (Division) within 10 days of establishing residence in New York and the Division shall notify the Board of Examiners of Sex Offenders which will determine whether registration is required.

Information Collected: Name, aliases, date of birth, sex, race, height, weight, eye color, address, drivers license number, photograph, fingerprints, crime of conviction, description of offense, date of conviction, type of victim targeted, modus operandi, sentence imposed, internet accounts and internet screen names, address of employer (level 2 & 3 offenders only), name and address of any institution of higher education at which offender is, or expects to be, enrolled, attending, employed, or residing, any special conditions of supervision, other pertinent information.
Administrating Agency: New York State Division of Criminal Justice Services.
Timeframe for Registration: Upon release to the community and no later than ten days after a change of address.
Applies to Out of State Offenders: Yes
Duration of Requirement: Sex offenders who have been designated a sexual predator, a sexually violent offender or a predicate sex offender or who are classified as a Level 2 or Level 3 risk remain on the Sex Offender Registry for life. Level 1 sex offenders with no designation must register for a period of twenty years.
Verification of Address: Annually for all registrants and personal verification for Level 3 offenders and sexual predators every 90 days with the local law enforcement agency.
Penalties for Non-Compliance: The failure to register is a crime. A first conviction is punishable as a class E felony; a subsequent conviction is punishable as a class D felony. Non- compliance may be basis for revocation of parole and probation.
Access to Information:

There are three ways for the public to access information regarding registered sex offenders: The Division of Criminal Justice Services (Division) operates a telephone number (1-800-262-3257) which the public can call to determine if someone is on the Registry. The name of the offender and one of the following must be provided in order to obtain information: an exact address, a complete date of birth, a driver’s license number or a social security number. Additionally, the Division maintains a subdirectory of Level 2 & 3 sex offenders which can be accessed by visiting the Division website at www.criminal justice.state.ny.us and clicking on the “Search for Level 2 & 3 Sex Offenders” button. Level 2 & 3 sex offender information can be searched by offenders name, county or zip code.    The local law enforcement agency where the offender currently resides can, if it chooses, release information on sex offenders residing in the community to “entities with vulnerable populations related to the nature of the offense”. The law enforcement agency can only release information on levels 1, 2 and level 3 offenders through this method. Also, while the exact address of level 2 & 3 offenders can be provided, the law provides that only an approximate address based on zip code can be provided for level 1 offenders.

You can be notified if sex offenders are moving in or out of your community by registering at:
https://users.nyalert.gov

Confidentiality Provision: Class B misdemeanor for unauthorized release of information.
Number Registered: 35,980 as of 8/5/13
Percent Compliance: Not known
Internet Access: http://www.criminaljustice.state.ny.us/nsor/index.htm