SORA, added by Chapter 192 of the Laws of 1995, took effect on January 21, 1996. Since then, there have been a number of changes made to the original statute.

SORA requires anyone on parole or probation or imprisoned for a sex offense on January 21, 1996, to register with the Division of Criminal Justice Services (Division). In addition, sex offenders sentenced to probation, local jail, or state prison after that date must register upon their return to the community. The law is amended periodically by the New York State Legislature to add additional registerable offenses.

Offenders convicted in other jurisdictions (e.g., federal, military, or another state or country) must register if they are convicted of an offense which includes the essential elements of a New York State offense which requires registration; or, they are convicted of a felony in another jurisdiction which requires registration as a sex offender in that jurisdiction; or, they are convicted of 18 U.S.C.A. 2251, 18 U.S.C.A. 2251A, 18 U.S.C.A. 2252, 18 U.S.C.A. 2252A, or 18 U.S.C.A. 2260.

Please note: This information is intended for general guidance and reference only. A legal decision on whether a sex offender convicted in another jurisdiction will be required to register in New York State cannot be made before the individual is about to establish residence in New York State or be released from another jurisdiction’s prison, jail or other similar facility.

There are three levels of risk, based on an offender's risk of re-offending: Level 1 (low), Level 2 (moderate), and Level 3 (high). As a general rule, the sentencing court will determine an offender's risk level either at the time of sentence (in probation cases) or when the offender is released from custody (in jail or prison cases). Because the court may not possess up-to-date information on an offender being released from prison or jail, SORA established a Board of Examiners of Sex Offenders to evaluate these cases and make a risk level recommendation to the court. The risk level assigned governs the amount and type of community notification authorized for a particular sex offender.

There are also three designations that may be assigned to a sex offender: sexual predator, sexually violent offender or predicate sex offender. These designations are also made by the sentencing court. These designations, along with the risk level, govern the duration of the offender's registration period. View Risk Level Determination page.

A sexual predator is an offender who has been convicted of a sexually violent offense as defined in section 168-a of the Correction Law and who suffers from a mental abnormality or personality disorder that makes him or her likely to engage in predatory sexually violent offenses.

A sexually violent offender is an offender who has been convicted of a sexually violent offense as defined in section 168-a of the Correction Law.

A predicate sex offender is a sex offender who has been convicted of a sex offense when the offender has been previously convicted of a sex offense.

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 twenty 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 thirty 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. Any registered sex offender or district attorney may petition the sentencing court or the court which made the determination regarding the level of notification for an order modifying the level of notification.

A level 1 or level 2 sex offender is required to register with the Division, verify his or her address each year and notify the Division no later than 10 days after any change of address. In addition to the same duties required of a level 1 or 2 sex offender, a level 3 sex offender or a sexual predator regardless of level, is also required to personally verify his or her address every 90 days with the local law enforcement agency having jurisdiction over the sex offender’s residence.

All registered offenders must notify the Division of any institution of higher education at which the sex offender is or expects to be employed, residing, enrolled or attending. Any change of status at such institution must also be reported to the Division. Also, as of May 31, 2003, a level 3 sex offender is required to provide his or her employment address to the Division.

Effective April 12, 2006, all level 3 sex offenders must provide an updated photograph to the Registry on an annual basis and all level 1 and level 2 offenders must provide an updated photograph every three years from the date of registration.

The Electronic Security and Targeting of Online Predators Act, which took effect on April 28, 2008, requires all registered sex offenders to report to the Division any internet accounts with internet service providers belonging to such offenders and e-mail addresses and designations used 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.

Note: This is a list of basic responsibilities. Please refer to Correction Law Article 6-C for more information.

Failure of a sex offender to perform any of these registration obligations is a crime. A first conviction is punishable as a class E felony; a second or subsequent conviction is punishable as a class D felony.

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 the Division any internet accounts with internet service providers belonging to such offenders and e-mail addresses and designations used 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 Division, 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. 

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 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 accessing 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.

SORA has four distinct procedures for community notification. First, local law enforcement agencies are notified whenever a sex offender moves into their jurisdiction. That agency may notify schools and other "entities with vulnerable populations" about the presence of a level 1, level 2 or level 3 offender if the offender poses a threat to public safety. Second, SORA established a free* 800 # Information Line which citizens can call to inquire whether a person is listed in the Registry. Third, SORA provides for the distribution of the Subdirectory to law enforcement agencies throughout the State. Citizens can view the Subdirectory at local law enforcement agencies. The Subdirectory includes information on level 2 and level 3 offenders. Fourth, the Subdirectory may also be accessed via the Internet here at the Division’s website.

The amount of information depends on the risk level and means of dissemination.

If you call the 800 # Information Line, you are required to have the individual's name and one of 4 identifiers (date of birth, social security number, driver's license number or exact address) in order to inquire about the individual. If you have such information and the individual is registered as a sex offender, you will be advised as follows:

• If the risk level is pending, you will be advised that the individual is registered as a sex offender and the risk level is pending. No additional information will be provided.
• If the risk level is 1 or 2, you will be able to obtain much more information regarding the sex offender including the offense description, modus operandi, any special conditions imposed by the court or supervision authorities and the approximate address based on the offender's zip code.
• If the risk level is 3, you will be able to obtain the same information for level 1 and level 2 sex offenders as described above plus the exact address.

If the law enforcement agency having jurisdiction over an offender's address chooses to do community notification, such notification could include level 1, level 2 or level 3 offenders. The same information which is available via the 800 # Information Line for level 1, level 2 or level 3 offenders may be disseminated by law enforcement. Law enforcement cannot conduct community notification regarding sex offenders whose risk level is pending.
The Subdirectory, which can be accessed at your local law enforcement agency or via the Internet at the Division’s website, contains information on level 2 and level 3 offenders. Such information includes offender's name, offense description, modus operandi, offender's photograph, any special conditions imposed by the court or supervision authorities, and the exact address of the offender.

SORA presumes that information from the Registry will be used responsibly to promote public safety. Persons or organizations receiving information may disseminate it to others at their discretion. The information may not be used to commit a crime against a person listed in the Registry or to engage in illegal discrimination or harassment against such a person.

SORA does not restrict where a registered sex offender may live or travel. However, there are other New York State laws that may apply if the registered sex offender is still under sentence. For example, a judge may order that a registered sex offender not enter an area accessible to the public within 1000 feet of school grounds or other facility caring for children if the registered sex offender is conditionally discharged or on probation and the registered sex offender has been convicted of a qualifying offense against a victim under 18 years of age. The judge may order the same condition for any level 3 sex offender who is conditionally discharged or on probation. See Penal Law §65.10(4-a).

If the registered sex offender is conditionally released or under parole supervision and the registered sex offender has been convicted of a qualifying offense against a victim under 18 years of age, there is a mandatory condition in New York State law which provides that the registered sex offender cannot enter an area accessible to the public within 1000 feet of school grounds or other facility caring for children. The same condition applies for level 3 sex offenders conditionally released or under parole supervision. See Executive Law §259-c(14).

Additionally, there may be local laws in a particular county, town or village restricting where a registered sex offender may live or travel. For information regarding local laws, it is recommended that you contact the county, town or village in which you are interested.

If a registered sex offender attends or has a family member attending the school or child care facility, the supervising agency and chief administrator of the facility can grant authorization to enter school grounds or the child care facility for specific purposes.

The only employment prohibition contained in SORA is set forth in Correction Law §168-v which prohibits a registered sex offender from being employed on a motor vehicle engaged in the retail sale of frozen desserts. However, it is important to note that under other New York State laws, many employers are required to conduct criminal background checks on applications for employment, such as applicants for a teaching position or to be a school bus driver. Depending on the specific provisions of the law, individuals convicted of certain offenses will be disqualified from such employment.

An individual who is adjudicated, such as a youthful offender or juvenile delinquent, is not required to be registered in New York State. However, a juvenile offender, who is convicted of a crime, is required to register.

In recognition of the difficulty faced by prosecutors and families in prosecuting sex offenders who commit their crimes against children, who often do not immediately report the offense committed against them, the statute of limitations was extended for certain sex offenses that are committed against a child less than eighteen years of age. The statute of limitations begins to run when a child reaches the age of eighteen years or the offense is reported to appropriate authorities, whichever occurs earlier. In addition, the five-year statute of limitations for class B felony sex offenses has been eliminated, thereby allowing prosecution for these crimes to commence at any time.