Transition Counseling Services

New York State Sex Offender Registry
Registerable Offenses
December 3 , 2008

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.

• 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.
• ² A 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.
• ³ A registerable offense only if the victim is less than seventeen years old and the offender is not the parent of the victim.
• ⁴ A registerable offense only if the person patronized is in fact less than seventeen years old.
• ⁵ A registerable offense unless the trial court finds that registration would be unduly harsh and inappropriate. Please note that an attempt to commit this offense does not require registration.

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).