Sex Crime Law in New York

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 What Are the Sex Crime Laws in New York?

There are numerous sex offenses in New York, including:

  • Sexual misconduct;
  • Sexual assault;
  • Unlawful sexual behavior;
  • Illegal pornography.

An individual may be labeled as a sex offender if they commit any type of sex crime, whether it is indecent exposure or sexual assault. Since Megan’s Law was enacted by Congress in 1994, states have been required to maintain a public sex offender registry, most of which are online.

The laws of each state determine what sex crimes are subject to registration as a sex offender. Individuals who are convicted of sex offenses in New York may face harsh legal penalties. In the state, sexual offense classifications range from Class B misdemeanors to Class A-II felonies depending on:

  • The conduct involved;
  • The damage caused;
  • Other characteristics, for example, the victim’s age or ability to consent.

An individual may face prison time as well as post-release supervision if they are convicted of any sex offenses. A conviction may also result in sex offender registration requirements as well as other consequences.

What are considered sex offenses, as well as the associated penalties, are complicated and may change. For information on sex crimes in New York, it is important to consult with a local New York lawyer.

How Does Sex Offender Registration Work in New York?

In the State of New York, not every sex offender is required to register publicly on an online Sex Offender Registry. Individuals who are convicted of a registerable sex offense are required to register.

Registerable sex offenses include:

Under New York laws, sex offenders are classified into one of three categories based on whether or not they will commit another sex crime, including:

  • Level 1: low risk;
  • Level 2: moderate risk;
  • Level 3: high risk.

In addition, within the three levels listed above, sex offenders may be classified as:

  • Predators;
  • Violent offenders;
  • Predicate offenders.

The different classifications will determine how often and for how long the sex offender must register. Unless the individual has a designation, a level 1 offender is required to register for 20 years.

A level 2 or level 3 offender is required to register for life. An offender is required to re-register with local law enforcement every year, except for level 3 offenders and individuals with a designation.

An offender who has a designation or is a level 3 offender is required to re-register every 90 days. In New York, only level 2 and level 3 offenders are required to register with the online public registry.

Even if an individual is a level 1 offender, they must register with local law enforcement. However, their information will not be made public.

Rape and Sexual Misconduct

Rape involves non-consensual sexual conduct with another individual. Under New York laws, rape is divided into three degrees, plus the lowest level of sexual misconduct.

First, second, and third-degree rape are all felonies that are punishable by the following penalties:

  • First-degree rape: class B felony;
  • Second-degree rape: class D felony;
  • Third-degree rape: class E felony.

The lowest level of offense is sexual misconduct, which is punishable by one year in jail.

What Is Aggravated Sexual Abuse?

Examples of aggravated sexual abuse include non-consensual digital penetration of an individual’s vagina or anus or penetration with a foreign object. There are four degrees of this offense that carry penalties that range from class E to class B felony.

A crime that results in physical injury to a victim carries the harshest penalties, as they will be first or second-degree crimes.

What Is Sexual Abuse?

Sexual abuse includes non-consensual sexual contact. This includes any touching of another individual’s intimate parts for the sole purpose of gratifying sexual desires.

Touching may include:

  • Direct contact with the victim’s body;
  • Indirect contact through clothing;
  • Ejaculating onto a victim, on a clothed or unclothed body part.

The penalties for this offense range from first-degree to third-degree. An individual who is convicted of first-degree sexual abuse will face a class D felony sentence.

A misdemeanor conviction for a second or third-degree crime will result in a three-month to one-year jail sentence.

What Is Forcible Touching?

It is unlawful to forcibly touch another individual’s sexual organs with the intent of degrading or abusing that individual or to satisfy the sexual desires of the perpetrator. Acts of pinching, grabbing, or squeezing are considered forceful.

Individuals who are convicted face a class A misdemeanor penalty of up to one year in jail.

What Is the Sentencing for Felony Sex Offenses?

In the State of New York, a felony offense is punishable by a determinate or fixed sentence, such as:

  • Class B felonies: Punishable by five to 25 years in prison;
  • Class C felonies: Punishable by three and a half to 15 years in prison maximum;
  • Class D felonies: Can carry a sentence of two to seven years in prison; and
  • Class E felonies: Carries a sentence of one-and-a-half to four years in prison.

Typically, felony offenses result in prison time. For the lower-level penalties, such as Class D and E, probation is allowed.

Sex offenders may face longer probation terms and more conditions than standard probationers. Conditions of probation may include:

  • Limiting Internet use;
  • Prohibiting contact with minors;
  • Attending sex offender counseling.

In addition, there is a period of post-release supervision for felony sex offenses that may range between three and 25 years. This depends on the offense committed and the felony classification. A violation of post-release supervision may result in the offender being sent back to prison to serve the remainder of their sentence.

Is There a Statute of Limitations on Sex Crimes?

The statute of limitations on sexual abuse crimes in New York may vary depending on many variables, including:

  • The offense;
  • The age of the victim;
  • The age of the perpetrator.

Examples of statutes of limitations in New York include:

  • Rape: no statute of limitations;
  • Second-degree rape: 20 years;
  • Third-degree rape: 10 years.

What Is the Sex Offender Registration Act (SORA)?

Similar to other states, New York requires individuals convicted of sex offenses and certain other predatory offenses to register with the state as well as law enforcement when residing in the area. The registration period is at least 20 years.

Individuals who are considered high-risk have to register for life. In addition to annual registration, an offender is required to:

  • Inform authorities of any changes;
  • Submit updated photographs; and
  • Provide information about Internet accounts as well as screen names.

A failure to register may result in a Class D or E felony.

What Are Sex Offenders Not Allowed to Do?

If a sex offender is convicted of a felony, they may lose certain civil rights, including:

  • The right to own or carry a firearm;
  • Restrictions or limitations on driving privileges;
  • Access to federal student loan programs;
  • Limits being imposed on state and federal voting rights.

Sex offender registration may also result in:

  • Restrictions on being in or near school zones;
  • Restraining orders, which restrict being near the victim of the crime;
  • Not being able to work in certain places that are near children.

If the offense involved a minor child, the court will most likely place limitations on the offender’s ability to interact with children. This means that the perpetrator would not be able to hold jobs requiring contact with minors or have a residence close to a school.

How Can I Be Excluded From the Public Sex Offender Registry?

There is a procedure in New York for an individual to be removed from the public registry using one of two types of petitions: modification of risk level or release from registration. If an individual’s offender level is modified, they may not be required to register in the future.

A level 2 offender without a designation who has been registered for at least 30 years can file a petition to be released from the duty to register for life. Because this type of provision does not exist for a level 3 offender, they would likely have to first petition to have their risk level modified and then petition for release from registration.

Can I Get My Criminal Records Erased?

If you meet the requirements, you may be able to get your record expunged. If this occurs, no one other than law enforcement can view your criminal history.

If an individual wants their records erased, they should consult with a local attorney for guidance.

Do I Need an Attorney?

If you are facing charges or have been convicted of any sex crime in New York, it is essential to consult with a criminal defense lawyer in New York. Your lawyer will represent you in court and provide you with the best chance of a not-guilty verdict.

If you have already been convicted and want to have your records erased, your attorney can help. In addition, your lawyer can help you remove yourself from the public registry if you qualify.

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