Frequently Asked Questions: New York State’s Sex Offender Registry
1 The duration of registration for a registered sex offender was extended by Chapter 1 of the Laws of 2006.
This law was effective on January 18, 2006. Currently, a Level 1 offender who has not been designated a sexual predator, a sexually violent offender or a predicate sex offender must register for 20 years. A Level 1 offender who has been so designated, as well as all Level 2 and Level 3 offenders regardless of whether they have been so designated, must register for life.
View Risk Level Determination page.
Pursuant to Correction Law Section 168-o, a Level 2 sex offender who has not received a designation of sexual predator, sexually violent offender or predicate sex offender, who has been registered for a minimum period of 30 years, may be relieved of any further duty to register upon the granting of a petition for relief by the sentencing court or the court which made the determination regarding duration of registration and level of notification.
A Level 2 or Level 3 sex offender may petition the sentencing court or the court that made the determination regarding the level of notification for an order modifying the level of notification. The offender should contact his or her attorney, or the court in which he or she was sentenced for information on how to proceed pursuant to Correction Law Section 168-o.
2 The Electronic Security and Targeting of Online Predators Act, added by Chapter 67 of the Laws of 2008, took effect on April 28, 2008.
The Act requires all registered sex offenders to report to DCJS any Internet accounts with Internet service providers belonging to such offenders and e-mail addresses and designations sed by such offenders for the purposes of chat, instant messaging, social networking or other similar internet communication. In addition, a registered sex offender must notify the Division no later than 10 days after any change of the above-mentioned Internet information.
Failure to comply is a crime. It is an E felony upon conviction for the first failure to comply with any registration requirement and a D felony for any subsequent conviction. Failure to register, verify or provide the required information as described above may also be the basis for revocation of parole or probation.
The Act authorizes the DCJS, upon request, to provide sex offender internet information to social networking websites which have members under the age of 18. The websites may use the information to prescreen or remove sex offenders from their services and/or advise law enforcement of potential threats to public safety and/or violations of law. Please note that DCJS does not control whether websites remove offenders from their sites, nor does the law prohibit offenders from using the Internet.
The Act requires, as a condition of probation, conditional discharge, conditional release, or parole, mandatory restrictions on a sex offender's access to the Internet in cases where the offender was convicted of a sex offense against a person under the age of 18 or the Internet was used to commit the offense. For instance, the offender will be banned from using the Internet to access pornographic materials and social networking websites. The same restrictions apply to all Level 3 sex offenders on probation, conditional discharge, conditional release, or under parole supervision.
3 See NYS Vehicle & Traffic Law §§ 509-cc (4)(a) &(4)(b).