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.
| Penal Law Statute |
Offense Class | Offense |
|---|---|---|
| 120.70 | E Felony1 | luring a child |
| 130.20 | A Misdemeanor | sexual misconduct |
| 130.25 | E Felony | rape in the third degree |
| 130.30 | D Felony | rape in the second degree |
| 130.35 | B Felony | rape in the first degree |
| 130.40 | E Felony | criminal sexual act in the third degree |
| 130.40 | E Felony | sodomy in the third degree |
| 130.45 | D Felony | criminal sexual act in the second degree |
| 130.45 | D Felony | sodomy in the second degree |
| 130.50 | B Felony | criminal sexual act in the first degree |
| 130.50 | B Felony | sodomy in the first degree |
| 130.522 | A Misdemeanor | forcible touching |
| 130.53 | E Felony | persistent sexual abuse |
| 130.552 | B Misdemeanor | sexual abuse in the third degree |
| 130.60 | A Misdemeanor | sexual abuse in the second degree |
| 130.65 | D Felony | sexual abuse in the first degree |
| 130.65-a | E Felony | aggravated sexual abuse in the fourth degree |
| 130.66 | D Felony | aggravated sexual abuse in the third degree |
| 130.67 | C Felony | aggravated sexual abuse in the second degree |
| 130.70 | B Felony | aggravated sexual abuse in the first degree |
| 130.75 | B Felony | course of sexual conduct against a child in the first degree |
| 130.80 | D Felony | course of sexual conduct against a child in the second degree |
| 130.90 | D Felony | facilitating a sex offense with a controlled substance |
| 130.91 | Various Felonies | sexually motivated felony(see category II below) |
| 130.95 | A-II Felony | predatory sexual assault |
| 130.96 | A-II Felony | predatory sexual assault against a child |
| 135.053 | A Misdemeanor | unlawful imprisonment in the second degree |
| 135.103 | E Felony | unlawful imprisonment in the first degree |
| 135.203 | B Felony | kidnapping in the second degree |
| 135.253 | A-I Felony | kidnapping in the first degree |
| 230.044 | A Misdemeanor | patronizing a prostitute in the third degree |
| 230.05 | E Felony | patronizing a prostitute in the second degree |
| 230.06 | D Felony | patronizing a prostitute in the first degree |
| 230.30(2) | C Felony | promoting prostitution in the second degree |
| 230.32 | B Felony | promoting prostitution in the first degree |
| 230.33 | B Felony | compelling prostitution |
| 230.34 | B Felony | sex trafficking |
| 235.22 | D Felony | disseminating indecent material to minors in the first degree |
| 250.45(2), (3) and (4)5 |
E Felony | unlawful surveillance in the second degree |
| 250.50 | D Felony | unlawful surveillance in the first degree |
| 255.25 | E Felony | Incest (committed prior to 11/1/06) |
| 255.25 | E Felony | Incest in the third degree |
| 255.26 | D Felony | Incest in the second degree |
| 255.27 | B Felony | Incest in the first degree |
| 263.05 | C Felony | use of a child in a sexual performance |
| 263.10 | D Felony | promoting an obscene sexual performance by a child |
| 263.11 | E Felony | possessing an obscene sexual performance by a child |
| 263.15 | D Felony | promoting a sexual performance by a child |
| 263.16 | E Felony | possessing a sexual performance by a child |
| 263.30 | B Felony | facilitating a sexual performance by a child with a controlled substance or alcohol |
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. New York State Penal Law Section 130.91
Sexually
Motivated Felonies
Registration as a sex offender is also required upon a conviction of a certain offense, or a conviction for an attempt or conspiracy to commit a certain offense, as a sexually motivated felony pursuant to Penal Law §130.91.
A person commits a sexually motivated felony when he or she commits a “specified offense” for the purpose, in whole or substantial part, of his or her own direct sexual gratification.
A "specified offense" is any of the following offenses:
| Penal Law Statute |
Offense Class | Offense |
|---|---|---|
| 120.05 | D Felony | assault in the second degree |
| 120.10 | B Felony | assault in the first degree |
| 120.06 | C Felony | gang assault in the second degree |
| 120.07 | B Felony | gang assault in the first degree |
| 120.60 | D Felony | stalking in the first degree |
| 125.15(1) | C Felony | manslaughter in the second degree |
| 125.20 | B Felony | manslaughter in the first degree |
| 125.25 | A-I Felony | murder in the second degree |
| 125.26 | A-I Felony | aggravated murder |
| 125.27 | A-I Felony | murder in the first degree |
| 135.20 | B Felony | kidnapping in the second degree |
| 135.25 | A-I Felony | kidnapping in the first degree |
| 140.20 | D Felony | burglary in the third degree |
| 140.25 | C Felony | burglary in the second degree |
| 140.30 | B Felony | burglary in the first degree |
| 150.15 | B Felony | arson in the second degree |
| 150.20 | A-I Felony | arson in the first degree |
| 160.05 | D Felony | robbery in the third degree |
| 160.10 | C Felony | robbery in the second degree |
| 160.15 | B Felony | robbery in the first degree |
| 230.30 | C Felony | promoting prostitution in the second degree |
| 230.32 | B Felony | promoting prostitution in the first degree |
| 230.33 | B Felony | compelling prostitution |
| 235.22 | D Felony | disseminating indecent material to minors in the first degree |
| 263.05 | C Felony | use of a child in a sexual performance |
| 263.10 | D Felony | promoting an obscene sexual performance by a child |
| 263.15 | D Felony | promoting a sexual performance by a child |
III. 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).