New York Court Ruling Says Out-of-State Sex Offenders Must Register
The New York State Appellate Court ruled that out-of-state sex offenders must now register in NY once they have become a resident.

December 31, 2011 /24-7PressRelease/ -- This past September, a New York State Appellate Court ruled that New York can require out-of-state sex offenders to register in the state once they have become a resident. The court reasoned that since the purpose of New York's 1996 Sex Offender Registration Act (SORA) is to inform residents of registered sex offenders in their neighborhood, the location of the conviction is irrelevant.

The unanimous decision arose after a Wyoming man, convicted of a sex offense in Wyoming, received sex offender status in New York after moving to the state. The lower court ruled that because the man finished his sentence prior to the enactment of the SORA provision requiring him to advise authorities he had moved to the state, it did not apply to him.

The Court of Appeals, however, disagreed saying it ran contrary to the intent of SORA. Additionally, requiring in-state sex offenders to register but not out-of-state offenders was unfair, they said. Moreover, it could entice those trying to avoid registration to move to New York.

Sex Offender Requirements in New York

The passage of SORA authorized the creation of a public database that lists the names, photos, ZIP codes and home addresses of registered sex offenders living in New York.

Level 1 ("low risk") offenders stay registered for 20 years while Level 2 (medium risk) and 3 (high risk) offenders are registered for life. The classification level also determines the amount of personal information available to the public.

Those registered in other states have 10 days to notify authorities after moving to New York. Failure to register is a felony offense in New York: a class E felony the first time, a class D the second.

New York's basic requirements for registered offenders include:
- Completing an annual residence verification
- Having a photo taken every three years (Level 1 and 2 offenders) or every year (Level 3 offenders)
- Notifying any institution of higher education at which they are attending, working or living
- Providing authorities with a list of Internet service providers, Internet screen names and email addresses

It's obvious that New York poses serious restrictions and requirements for sex offenders for many years. Dealing with a sex offense conviction carries direct and indirect penalties. It's important to consult with an experienced New York sex offense attorney as soon as possible if you or someone you know is facing charges.

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