NYC Failure to Register as a Sex Offender Lawyers

For those who have committed a sex crime in the past, they have a good chance of being sent to prison again if they fail register. Regardless of the amount of time served, whether a few months or a couple years, you will have to register as a sex offender under the New York Sex Offender Registration Act. SORA requires anyone who has been convicted of sex crimes to register with the New York Division of Criminal Justice Services. They will have to register for at least 20 years, and in severe cases, they must register for life.

Strict Laws About Sex Offender Registration

Individuals who have committed a sex crime will face strict rules in the state of New York. In fact, if you fail to register as a sex offender, you could even be sentenced to prison time. This means that you could face up to 10 years in prison. For anyone who has been charged, you should contact Federal Lawyers immediately. We have the knowledge to fight for your case, and we will review the various facts of the case so that we can explain your legal options.

What are the Requirements of SORA?

If you have previously been convicted of a sex crime, you will first have a judge give a SORA risk determination hearing. In this hearing, the judge looks at the level of risk that you pose to the community. They want to figure out the likelihood that you will commit the crime again. The judge uses 15 different factors for determining this that include:

• Sexual contact with the victim
• The use of violence
• Length of time in conduct with the person
• The age where the first sex crime was committed
• How old the victim was
• Number of crimes previously committed
• Alcohol and drug abuse

Based on the evaluation the judge gives, this will determine the classification of the sex offender. You have a level one, level two and level three sex offender. Level one qualifies as the lowest risk while level three gets given to those who have the highest risk of offending again. Many times your level of risk will be raised when you have committed another crime, or you violated the conditions of probation. You could also request a hearing where you lowered your risk level.

How Offenders Register from the Levels

As a level one sex offender, you will have to register for a minimum of 20 years. Meanwhile, level two and level three sex offenders will have to register for the rest of their life. For someone who has been known for being a sexual predator or a violent sexual predator, they will be required to register for the rest of their lives even if their risk level has been dropped to level one.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

After serving 18 months for a conviction under Penal Law § 130.52, you moved to a new apartment in Brooklyn but never updated your address with the Division of Criminal Justice Services within the required 10-day window. Three months later, two detectives showed up at your workplace saying you're being charged with a new felony for failing to update your sex offender registration.

Can I really face felony charges just for not updating my address on the sex offender registry?

Attorney's Answer

Yes — under New York Penal Law § 168-t, failure to register or update your registration as required by SORA is a class E felony, punishable by up to four years in prison. The law requires you to notify the Division of Criminal Justice Services within 10 days of any change of address, and prosecutors treat these violations seriously regardless of the reason for the lapse. However, a strong defense may involve demonstrating that you attempted to comply, that you were given incorrect information about reporting requirements, or that there were mitigating circumstances surrounding the failure to update. An experienced attorney can negotiate with the district attorney's office to potentially reduce the charge or argue for a non-incarceratory sentence given your specific situation.

This is general information only. Contact us for advice specific to your situation.

The court will tell you about the registration and the verification duties that you might have. For example, when you get released from a prison, you will be handed a form that you will have to complete for registration. Next, you will be mailed a form to the set law enforcement agency, and this will happen within 10 days of them receiving your form. You will be required to provide identifying information like names, aliases, sex, race and your date of birth. You will also have your fingerprints and photograph taken. A description of the offense will be given, and the sentence imposed. Along with these things that sex offenders must do, they will also have to register their home addresses. It can get confusing, which is why if you have been convicted of failing to register, you should contact Federal Lawyers as soon as possible.