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]]\\
Link to NYS Registrable Offenses:\\
[[https://apps.criminaljustice.ny.gov/nsor/contact_sor.htm|https://apps.criminaljustice.ny.gov/nsor/contact_sor.htm]]

=== What information must registrants provide? ===

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 they register? And for how long? ===

Yearly: NYS Sex Offender Registration Act, Correction Law 6-C, Section 168-f. Duty to register and verify:\\
[[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 registrants 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 to registrants? ===

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

=== Do any registrants 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 for registrants even after supervision? ===

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? If so, who qualifies and what is the process? ===

Very narrow: §168-o\\
[[http://www.criminaljustice.ny.gov/nsor/claws.htm#o|http://www.criminaljustice.ny.gov/nsor/claws.htm#o]]

=== What is the registration requirement for someone with a sexual offense who is visiting the state? ===

I haven’t found reference to ‘visiting’ – it seems that the person would have to notify their own jurisdiction of the travel. If in NYS longer than 14 days, likely must register as “nonresident worker” or “nonresident student” as defined by NYS SORA, Section 168-a, paragraph 14 or 15.\\
[[http://www.criminaljustice.ny.gov/nsor/claws.htm#a|http://www.criminaljustice.ny.gov/nsor/claws.htm#a]]

=== What is the registration requirement for someone with a sexual offense 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 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 does the state’s legislative process work? ===

[[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/]]

=== Most important legislative committees for our issues are: ===

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.