New York State Sex Offender Registry
Registerable Offenses
March 22, 2012

Individuals convicted of one or more registerable offenses on or after January 21, 1996 must register as a sex offender with the Division of Criminal Justice Services. Additionally, any person convicted of a registerable offense who was incarcerated or under parole or probation supervision for the offense on January 21, 1996 is required to be registered. Below are three categories of offenses which require registration.

I. New York State Penal Law Sex Offenses

The following list contains the New York State Penal Law statutes for which registration as a sex offender is required. Individuals are required to register as a sex offender upon a conviction of a registerable offense or a conviction for an attempt to commit a registerable offense or a conviction of or a conviction for an attempt to commit a registerable offense as a hate crime or a crime of terrorism.

Penal Law
Statute
Offense Class Offense
120.70 E Felony1 luring a child
130.20 A Misdemeanor sexual misconduct
130.25 E Felony rape in the third degree
130.30 D Felony rape in the second degree
130.35 B Felony rape in the first degree
130.40 E Felony criminal sexual act in the third degree
130.40 E Felony sodomy in the third degree
130.45 D Felony criminal sexual act in the second degree
130.45 D Felony sodomy in the second degree
130.50 B Felony criminal sexual act in the first degree
130.50 B Felony sodomy in the first degree
130.522 A Misdemeanor forcible touching
130.53 E Felony persistent sexual abuse
130.552 B Misdemeanor sexual abuse in the third degree
130.60 A Misdemeanor sexual abuse in the second degree
130.65 D Felony sexual abuse in the first degree
130.65-a E Felony aggravated sexual abuse in the fourth degree
130.66 D Felony aggravated sexual abuse in the third degree
130.67 C Felony aggravated sexual abuse in the second degree
130.70 B Felony aggravated sexual abuse in the first degree
130.75 B Felony course of sexual conduct against a child in the first degree
130.80 D Felony course of sexual conduct against a child in the second degree
130.90 D Felony facilitating a sex offense with a controlled substance
130.95 A-II Felony predatory sexual assault
130.96 A-II Felony predatory sexual assault against a child
135.053 A Misdemeanor unlawful imprisonment in the second degree
135.103 E Felony unlawful imprisonment in the first degree
135.203 B Felony kidnapping in the second degree
135.253 A-I Felony kidnapping in the first degree
230.044 A Misdemeanor patronizing a prostitute in the third degree
230.05 E Felony patronizing a prostitute in the second degree
230.06 D Felony patronizing a prostitute in the first degree
230.30(2) C Felony promoting prostitution in the second degree
230.32 B Felony promoting prostitution in the first degree
230.33 B Felony compelling prostitution
230.34 B Felony sex trafficking
235.22 D Felony disseminating indecent material to minors in the first degree
250.45(2),
(3) and (4)5
E Felony unlawful surveillance in the second degree
 250.50 D Felony unlawful surveillance in the first  degree
 255.25 E Felony Incest (committed prior to 11/1/06)
 255.25 E Felony Incest in the third degree
 255.26 D Felony Incest in the second degree
 255.27 B Felony Incest in the first degree
 263.05 C Felony use of a child in a sexual performance
 263.10 D Felony promoting an obscene sexual performance by a child
 263.11 E Felony possessing an obscene sexual performance by a child
 263.15 D Felony promoting a sexual performance by a child
 263.16 E Felony possessing a sexual performance by a child
 263.30 B Felony facilitating a sexual performance by a child with a  controlled substance or alcohol
  • 1  If the underlying offense is a class A or a class B felony, then the offense of luring a child shall be considered respectively, a class C felony or class D felony.
  • 2A registerable offense only if the victim is less than eighteen years of age or where the defendant has a prior conviction for a sex offense, a sexually violent offense, forcible touching or sexual abuse in the third degree or an attempt thereof even if registration was not required for the prior conviction; regardless of when the prior conviction occurred.
  • 3A registerable offense only if the victim is less than seventeen years old and the offender is not the parent of the victim.
  • 4A registerable offense only if the person patronized is in fact less than seventeen years old.
  • 5A registerable offense unless the trial court finds that registration would be unduly harsh and inappropriate.  The Attempt version of this offense is registerable for those offenders who committed the offense on or after Sept. 23, 2011, or who previously committed the offense but were still under sentence as of that date.

II. Convictions in Other Jurisdictions

Individuals convicted in another jurisdiction (federal, military, another state or country) who reside in New York State are required to register if:

(1) the individual is convicted of an offense equivalent to a New York State registerable sex offense; or

(2) the individual is convicted of a felony requiring registration in the conviction jurisdiction; or

(3) the individual is convicted of:

  • 18 U.S.C.A. 2251 (sexual exploitation of children);
  • 18 U.S.C.A. 2251A (selling or buying of children);
  • 18 U.S.C.A. 2252 (certain activities relating to material involving the sexual exploitation of minors);
  • 18 U.S.C.A. 2252A (certain activities relating to material constituting or containing child pornography);
  • 18 U.S.C.A. 2260 (production of sexually explicit depictions of a minor for importation into the United States);
  • 18 U.S.C.A. 2422(b) (coercion and enticement)
  • 18 U.S.C.A. 2423 (transportation of minors); or
  • 18 U.S.C.A. 2425 (use of interstate facilities to transmit information about a minor).