State Information Wiki

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//While we strive to be as accurate and complete as possible, our researchers are not attorneys, and state laws are often full of nuances and gaps. Legal challenges in some states have resulted in different registration requirements based on the year of conviction or first registration. **Users must accept all risks **associated with actions taken based on this information. **Please help us improve **by reporting any errors or omissions via our form at **[[https://narsol.org/wiki-response/|https://narsol.org/wiki-response/]]** //

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===== New York Laws Regarding Registration =====

=== Who must register? ===

NYS Sex Offender Registration Act, Correction Law 6-C, Section 168-f. Duty to Register and to Verify:\\
[[https://apps.criminaljustice.ny.gov/nsor/claws.htm#f|https://apps.criminaljustice.ny.gov/nsor/claws.htm#f]]

=== What information must be provided? ===

NYS Sex Offender Registration Act, Correction Law 6-C, Section 168-b. Duties of the Division; registration information\\
[[https://apps.criminaljustice.ny.gov/nsor/claws.htm#b|https://apps.criminaljustice.ny.gov/nsor/claws.htm#b]]

=== How frequently must information be verified? And for how long? ===

Yearly: NYS Sex Offender Registration Act, Correction Law 6-C, Section 168-f. Duty to register and verify\\
Level 3 registrant and/or those labelled "Sexual Predators" must verify address every 90 days (Section 168-f subdivision 3)\\
[[https://apps.criminaljustice.ny.gov/nsor/claws.htm#f|https://apps.criminaljustice.ny.gov/nsor/claws.htm#f]]\\
20yrs/life: Section 168-h. Duration of registration and verification\\
[[https://apps.criminaljustice.ny.gov/nsor/claws.htm#h|https://apps.criminaljustice.ny.gov/nsor/claws.htm#h]]

=== Does the state categorize by levels/tiers? ===

Yes, level 1, level 2, and level 3. These levels are labeled as "risk levels".\\
Risk Level & Designation Determination\\
[[https://www.criminaljustice.ny.gov/nsor/risk_levels.htm|https://www.criminaljustice.ny.gov/nsor/risk_levels.htm]]

=== Does the state use risk assessment when assigning tiers or levels? ===

Risk Level & Designation Determination\\
[[https://www.criminaljustice.ny.gov/nsor/risk_levels.htm|https://www.criminaljustice.ny.gov/nsor/risk_levels.htm]]

=== Does anyone remain privately registered? If so, who? ===

Level I offenders § 168-q\\
[[http://www.criminaljustice.ny.gov/nsor/claws.htm#q|http://www.criminaljustice.ny.gov/nsor/claws.htm#q]]\\
[[http://www.criminaljustice.ny.gov/nsor/|http://www.criminaljustice.ny.gov/nsor/]]

=== Is there a registration fee? ===

$10 for each change §168-b.8\\
[[https://www.criminaljustice.ny.gov/nsor/claws.htm#b|https://www.criminaljustice.ny.gov/nsor/claws.htm#b]]

=== Are there special restrictions even after supervision ends? ===

Employment on ice cream truck: NY CORRECT §168-v\\
[[http://www.criminaljustice.ny.gov/nsor/claws.htm#v|http://www.criminaljustice.ny.gov/nsor/claws.htm#v]]

=== Is there a process for removal from the registry? ===

Level 2 registrants who are not designated a "sexual predator", a "sexually violent" offender or a predicate "sex offender", may petition for relief from registration after 30 years. Level 2 and 3 registrants may petition to modify down their registry level designation.\\
[[https://apps.criminaljustice.ny.gov/nsor/claws.htm#o|https://apps.criminaljustice.ny.gov/nsor/claws.htm#o]]

=== What are the registration requirements for someone who is visiting the state? ===

If in New York state longer than fourteen days, one may have to register as “nonresident worker” or “nonresident student,” as defined by NYS SORA, Section 168-a, paragraph 14 or 15. Separately, a person may have to notify their own jurisdiction in their own state of the travel to New York.\\
[[http://www.criminaljustice.ny.gov/nsor/claws.htm#a|http://www.criminaljustice.ny.gov/nsor/claws.htm#a]]

=== What are the registration requirements for someone who will be moving to the state to live or to attend school? ===

Within 10 days §168-f.6\\
[[https://apps.criminaljustice.ny.gov/nsor/claws.htm#f|https://apps.criminaljustice.ny.gov/nsor/claws.htm#f]]

===== State Laws Regarding Sexual Offenses and Offenders, other than registration =====

=== What sexual offenses can people be convicted of, and what are the ranges of sentences? ===

§168-a.2\\
[[https://www.criminaljustice.ny.gov/nsor/claws.htm#a|https://www.criminaljustice.ny.gov/nsor/claws.htm#a]]

=== Does the state have lifetime supervision? ===

No.

=== Does the state have indeterminate sentencing? ===

Yes, although we could not find the statute. See:\\
[[https://doccs.ny.gov/sentencing|https://doccs.ny.gov/sentencing]]

=== What are the general rules and regulations about probation, parole, and conditional release? Note: county supervision conditions may differ from county to county and from the state level. ===

§65.10\\
[[https://www.nysenate.gov/legislation/laws/PEN/65.10|https://www.nysenate.gov/legislation/laws/PEN/65.10]]

=== What are the state civil commitment laws? ===

NYS Sex Offender Management Treatment Act, became law in March 2007. § 10.01\\
[[https://www.nysenate.gov/legislation/laws/MHY/10.01|https://www.nysenate.gov/legislation/laws/MHY/10.01]]

=== What is the age of consent? ===

Age 17 130.25\\
[[https://www.nycourts.gov/judges/cji/2-PenalLaw/130/130.25%282%29.pdf|https://www.nycourts.gov/judges/cji/2-PenalLaw/130/130.25%282%29.pdf]]\\
\\
See also 130.30 dealing with statutory rape\\
[[https://www.nysenate.gov/legislation/laws/PEN/130.30|https://www.nysenate.gov/legislation/laws/PEN/130.30]]

=== Are there “Romeo and Juliet” laws or other laws specific to young people? ===

New York uses the concept of "incapacity to consent" for the layman's term of "statutory rape" and believes a difference in age of at least four years is significant. In 130.25, 3rd-degree Rape, the ages are at least 21 and less than 17. And, for 130.30, 2nd-degree Rape, the ages are at least 18 and less than 15. It states it is an affirmative defense if there is less than a four-year age difference. See:\\
[[https://www.nysenate.gov/legislation/laws/PEN/130.30|https://www.nysenate.gov/legislation/laws/PEN/130.30]]

===== Info for State Advocates =====

=== Are felons allowed to vote? If so, when is this right restored? ===

YES, as soon as they are released from custody. Parolees have a special process due to executive order.\\
[[https://www.nyclu.org/en/issues/voting/voting-rights-new-yorkers-felony-convictions|https://www.nyclu.org/en/issues/voting/voting-rights-new-yorkers-felony-convictions]]\\
[[https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO_181.pdf|https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO_181.pdf]]

=== What does the state say about persons who are required to register? ===

[[http://www.criminaljustice.ny.gov/nsor/contact_sor.htm|http://www.criminaljustice.ny.gov/nsor/contact_sor.htm]]\\
[[http://www.criminaljustice.ny.gov/nsor/som_moreinformation.htm|http://www.criminaljustice.ny.gov/nsor/som_moreinformation.htm]]\\
[[http://www.criminaljustice.ny.gov/nsor/claws.htm|http://www.criminaljustice.ny.gov/nsor/claws.htm]]\\
[[http://www.criminaljustice.ny.gov/nsor/faq.htm|http://www.criminaljustice.ny.gov/nsor/faq.htm]]

=== How is the state’s legislature organized? ===

[[https://assembly.state.ny.us/mem/|https://assembly.state.ny.us/mem/]]\\
[[https://www.nysenate.gov/how-bill-becomes-law|https://www.nysenate.gov/how-bill-becomes-law]]\\
[[https://www.nysenate.gov/legislation|https://www.nysenate.gov/legislation]]

=== How can I locate legislation regarding sexual offense issues? ===

NYS Senate – issues search for legislation related to sexual violence\\
[[https://www.nysenate.gov/issues/sexual-violence|https://www.nysenate.gov/issues/sexual-violence]]\\
NYS Assembly: need to go to “bill search” page, and click “ADVANCED SEARCH” to enter search terms\\
[[http://nyassembly.gov/leg/|http://nyassembly.gov/leg/]]

=== Best keywords are: ===

Sexual, sex offender, sex offense registry

=== How to sign up for notifications of bill movement: ===

[[https://www.nycbar.org/issues-policy/policy-department-resources/tracking-state-and-city-legislation-tips/|https://www.nycbar.org/issues-policy/policy-department-resources/tracking-state-and-city-legislation-tips/]]

=== What are the important legislative committees for our issues? ===

NYS Senate:\\
Crime victims, crime and correction\\
[[https://www.nysenate.gov/committees/crime-victims-crime-and-correction|https://www.nysenate.gov/committees/crime-victims-crime-and-correction]]\\
Children and families\\
[[https://www.nysenate.gov/committees/children-and-families|https://www.nysenate.gov/committees/children-and-families]]\\
NYS Assembly: Children and family\\
[[http://nyassembly.gov/comm/?id=5|http://nyassembly.gov/comm/?id=5]]\\
NYS Assembly:\\
Children and family\\
[[http://nyassembly.gov/comm/?id=5|http://nyassembly.gov/comm/?id=5]]\\
Correction\\
[[http://nyassembly.gov/comm/?id=10|http://nyassembly.gov/comm/?id=10]]\\
Judiciary\\
[[http://nyassembly.gov/comm/?id=24|http://nyassembly.gov/comm/?id=24]]\\
Mental Health\\
[[http://nyassembly.gov/comm/?id=29|http://nyassembly.gov/comm/?id=29]]

=== Contact info for state legislators can be found at: ===

NYS Senate:\\
[[https://www.nysenate.gov/senators-committees|https://www.nysenate.gov/senators-committees]]\\
NYS Assembly:\\
[[http://nyassembly.gov/mem/|http://nyassembly.gov/mem/]]

===== Other Useful State Information =====

=== Contact information for state registry office ===

[[http://www.criminaljustice.ny.gov/nsor/contact_sor.htm|http://www.criminaljustice.ny.gov/nsor/contact_sor.htm ]]

=== NARSOL state affiliate website or blog: ===

[[https://www.narsol.org/contact-us/|No affiliate at present. If you would like to start an affiliate or your organization would like to be an affiliate, contact NARSOL for details\\ 888-997-7765.\\ Email NARSOL]]

=== Other helpful state advocacy groups: ===

[[http://www.sexoffenderresource.com/new-york/|http://www.sexoffenderresource.com/new-york/]]

=== Other registrant-friendly state support groups: ===

Response needed.

=== Other helpful information ===

Response needed.