Massachusetts Sex Offender Registry & Community Notification 2004

updated 5/02/07

Contact Person: The public may call the Sex Offender Registry Board directly at (978) 740-6400 or (800) 93MEGAN 1-800-936-3426.
Offenders Required to Register: Pursuant to Chapter 6, section 178C of the Massachusetts General Laws, a person is required to register as a sex offender if he/she lives, works, or is enrolled as a student in an institution of higher learning in the Commonwealth and was: convicted on or after August 1, 1981; adjudicated a delinquent juvenile on or after August 1, 1981; adjudicated a youthful offender on or after August 1, 1981; released from incarceration on or after August 1, 1981; released from parole or probation supervision on or after August 1, 1981; released from the Department of Youth Services on or after August 1, 1981; adjudicated a sexually dangerous person on or after August 1, 1981; or released from civil commitment on or after August 1, 1981; or is required to register as a sex offender in another state. For one or more of the following crimes: indecent assault and battery on a child under 14; indecent assault and battery on a mentally retarded person; indecent assault and battery on a person age 14 or over; rape; rape of a child under 16 with force; rape and abuse of a child; assault with intent to commit rape; assault of a child with intent to commit rape; kidnapping of a child; enticing a child under the age of 16 for the purposes of committing a crime; enticing away a person for prostitution or sexual intercourse; drugging persons for sexual intercourse; inducing a minor into prostitution; living off or sharing earnings of a minor prostitute; second and subsequent conviction for open and gross lewdness and lascivious behavior; but excluding a first or single adjudication as a delinquent juvenile before August 1, 1992; incestuous marriage or intercourse; disseminating to a minor matter harmful to a minor; posing or exhibiting a child in a state of nudity; dissemination of visual material of a child in a state of nudity or sexual conduct; possession of child pornography; unnatural and lascivious acts with a child under 16; aggravated rape; and any attempt to commit a violation of any of the aforementioned sections pursuant to section 6 of said chapter 274 or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority.
Information Collected: Fingerprints and a photograph, DOB, SSN, current residence and employment addresses, physical description, date of conviction and a description of the offense or offenses for which he was convicted or adjudicated delinquent.
Administrating Agency: Sex Offender Registry Board
Timeframe for Registration: Incarcerated sex offenders must now register two days before being released from incarceration. A sex offender is required to notify the Board of his/her new address by mail at least 10 days prior to moving out of the Commonwealth. All sex offenders must register with the Board by mail within 2 days of moving into the Commonwealth from another jurisdiction. All sex offenders must register by notifying the Board of his/her current and new address by mail at least 10 days prior to moving to a different city or town in the Commonwealth; or moving within the same city or town in the Commonwealth. Sex offenders residing out of state but employed in the Commonwealth must register with the Board by mail within 2 days of beginning employment. Sex offenders must register by notifying the Board of the current and new work address by mail at least 10 days prior to changing employment.
Applies to Out of State Offenders: All sex offenders must register with the Board by mail within 2 days of moving into the Commonwealth from another jurisdiction
Duration of Requirement: Sex Offenders are required to register for a period of 20 years after conviction, or release from all custody, or supervision, whichever occurs last, unless the offender is subject to lifetime registration, in which case registration shall never be terminated. However, a sex offender may apply to the SORB for relief from registration by providing proof, by clear, and convincing evidence that the offender has not committed a sex offense within 10 years and is not likely to pose a danger to the safety of others.
Verification of Address: Sex offenders are required to verify that their registration information is accurate and up-to-date. Until further notice, they must annually verify their registration data, by mail, to the Board. Penalties for Non-Compliance: Sex offenders may be prosecuted for violating the law if they knowingly fail to register, fail to verify registration information, fail to provide notice of change of address or place of employment, or provide false information. The penalties for the above-referenced violations are that a first conviction can result in imprisonment for not less than 6 months and not more than 2 1/2 years in a house of correction nor more than 5 years in state prison or by a fine of not more than $1,000 or by both. A second and subsequent conviction could result in imprisonment in state prison for not less than 5 years.
Penalties for Non-Compliance: Any sex offender who knowingly fails to register or reregister, or who knowingly provides materially false information to the Massachusetts Sex Offender Registry Board shall be guilty of a felony. A sex offender required to register who knowingly: (i) fails to register; (ii) fails to verify registration information; (iii) fails to provide notice of a change of address; or (iv) who knowingly provides false information shall be punished as follows. (1) A first conviction shall be punished by imprisonment for not less than six months and not more than two and one-half years in a house of correction nor more than five years in a state prison or by a fine of not more than $1,000 or by both such fine and imprisonment. (2) A second and subsequent conviction shall be punished by imprisonment in the state prison for not less than five years.
Access to Information: Any member of the public who is at least 18 years of age or older may request sex offender information. The information will be provided to any person who is seeking the information for his/her own protection or for the protection of a child under the age of 18 or for the protection of another person whom the requesting person has responsibility, care, or custody. No information is public on Level 1 offenders.  The public shall have access to the information regarding level 2 offenders through the Local Police Departments and through the Sex Offender Registry Board.)  Local police departments in communities where Level 3 sex offenders live, work, or attend schools of higher education all are required to post the information in public buildings, provide it to the schools, and to any organization or "anyone who may come in contact with the offender." So depending on the policy of the local police, (and we suggest they do so), police post the information on local cable TV community access channels, and provide it to local newspapers as well. There is essentially no limit to dissemination of Level 3 high risk sex offender information in Massachusetts.
Confidentiality Provision: The law does not prohibit secondary dissemination. As long as the information was obtained in accordance with the law, there is no prohibition against the information being shared with others. Any person who improperly uses Sex Offender Registry information shall be punished by not more than two and one-half years in the house of correction or by a fine of not more than $1,000 or by both such fine and imprisonment.
Number Registered: 8,104 Registered Sex Offenders as of 5/02/07
Percent Compliance: not known
Internet Access: http://www.state.ma.us/sorb


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