What are the Penalties for Failing to Register as a Sex Offender in New York?

Being convicted as a sex offender in New York state brings with it the requirement to register with the state’s Sex Offender Registry and keep your information current. But what happens if you fail to register or keep your info up to date? Well, you could be looking at some pretty serious penalties.

The penalties for failing to register as a sex offender depend on a few factors, but it’s generally considered a felony offense. Let’s break it down so you understand exactly what you’d be facing if you shirk your duties as a registered sex offender in NY.

It’s a Felony

First off, failure to register or verify as a sex offender when you’re supposed to is a felony. We’re not talking a minor, slap-on-the-wrist offense here. According to New York State Law 168-T, it’s a class E felony if it’s your first offense. Any subsequent offenses can be charged as a class D felony[1].

Up to 4 Years in Prison

Like all felonies, failure to register carries some stiff prison sentences. If it’s your first offense, you could face 1-4 years behind bars[6]. Any additional convictions could mean up to 7 years imprisonment[1]. And don’t forget–you’d have a felony record following you around for the rest of your life.

Large Fines

In addition to potential prison time, those who don’t comply with NY’s sex offender registration requirements can be hit with sizable fines. The first offense can carry fines up to $5,000. After that, it’s up to $10,000 per violation[6]. Not chump change!

It’s Ongoing

Here’s the thing–registering as a sex offender isn’t a one-and-done situation. You have to keep your registration current by verifying your address and other info on a regular basis[3]. The specifics depend on your risk level and offense. So if you get lazy and quit updating your info, you could find yourself back in court on felony charges.

Social and Professional Consequences

Beyond just the legal penalties, having another sex offense on your record can make life very difficult. As this NY Courts article points out, sex offender registration can lead to loss of jobs, housing, and relationships[4]. People aren’t generally eager to employ, live near, or socialize with convicted sex offenders. Another offense just makes it that much harder to get your life back on track.

Possible Defenses

Now, if you do end up getting charged with failure to register as a sex offender, all hope isn’t lost. There are a few defenses that your New York criminal defense attorney may be able to employ on your behalf:

• You didn’t receive proper notice of your duty to register
• There were errors in your initial registration that led to confusion
• You were hospitalized or incarcerated during the period in question
• You made a good faith effort to comply but there were obstacles beyond your control

While none of these are guaranteed to get you off the hook, they could potentially help reduce the charges or sentence if you’re convicted. For your best shot at avoiding harsh penalties, consult with an experienced NY sex crimes lawyer right away.

Take Registration Seriously!

The point here is that you don’t want to mess around when it comes to following New York’s sex offender registry requirements. The penalties for failing to register or verify are no joke. We’re talking felony charges, years in prison, and a lot of money down the drain. Plus you’ll have an even tougher time getting your life back on track with another sex offense on your record.

So if you’re a registered sex offender in NY, make sure you know exactly what’s required of you. Update your info any time you move or change jobs. And verify regularly as mandated. Don’t let the registration slip through the cracks or you could be facing awful consequences. Your best bet is to comply fully so you can serve your time and move on with your life.

Well, I hope this breakdown gives you a better understanding of what happens if you fail to live up to your duties as a registered sex offender in New York. Let it serve as motivation to follow the rules so you can avoid felony charges! Stay on top of it, and best of luck getting past this chapter.

References

1. New York State Law 168-T
2. New York State’s Sex Offender Registry FAQ
3. New York Sex Offender Registration Act
4. NY Courts – Sex Offender Consequences
5. New York Statute 168-t on Failure to Register
6. Lawyers.com – Failure to Register as a Sex Offender