Sex Crime Attorney in New York City

Brief Overview of the Sex Offender Registry Act

In January of 1996, the New York State Division of Criminal Justice Services established an official Sex Offender Registry following the passing of the Sex Offender Registry Act (SORA). This was passed in an attempt to create an official database of all sex offenders within the state. Following the passing of SORA, all sex offenders became required to register on the state level and the information regarding all sex offenders were made public to people living within the same communities.

In the state of New York, all sex offenders are split up and categorized into three different categories. Level one sex offenders are considered to be low risk, level two is considered to be a moderate risk and those who are classified as level three are considered to be high risk. SORA requires all three levels to register, however, there is a subdirectory that only contains level two and level three offenders. The online website only gives the public access to this subdirectory.

Megan's Law and the Wetterling Act: Understanding the Impact

In 1994, a seven-year-old girl named Megan who was living in New Jersey went next door to visit her neighbor following an invitation to go visit his new puppy. After getting her inside, the neighbor proceeded to rape and murder the young girl, later dumping the body in a local park. It was only after the fact that it was discovered that the neighbor was actually a sex offender - a fact that, had the parents been aware, could have protected her life.

Following this tragic incident, legislation began to quickly formulate to help proactively defend against something of this nature ever happening again. The laws that have sprung across the nation have all informally been called Megan's Law and not only require that sex offenders register, but also require that this information is made available to the communities in the area.

On the federal level, laws of this nature are known as the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, commonly shortened to the Wetterling Act. This was passed in 1994 by Congress and required that states across the nation to require sex offender registry. This was in response to not only Megan's Law, but also an incident involving a young boy in Minnesota.

In 1989, 11-year-old Jacob Wetterling was riding his bike with his brother and his friend when a masked man came out of the dark. After throwing the bikes to the side and making the young boys all lie with their faces down, the masked man ordered two of the boys to run into the woods without looking back. Jacob, however, was required to stay. He was never found again. Similar to Megan's story, it was only later discovered that sex offenders were living in the neighborhood.

The Problem with Sex Offender Registry

Due to stories of this nature, communities have all rallied together to require that sex offenders are publically registered. This helps parents to protect their children and to know about the risks. The problem, however, is that these registries are not always used with these intentions. In fact, it has been found that many people will maliciously use this information to harass and even assault the registered individuals. This not only endangers the citizens listed on the list, but also violates their basic rights.

Other problems arise when one considers the fact that these laws are built on the idea that all sex offenders have a similar risk level and that all are going to offend again. Should someone charged with indecent exposure being on the same list as someone charged with prostitution? What about someone who was criminally charged decades ago? Unfortunately, current legislation doesn't have answers for these questions, although there have been strides to create a more comprehensive response.

Have you been charged with a sex-related offense in NYC?

If you find yourself facing a sexual offense, no matter whether it is for indecent exposure, rape or sexual assault, you simply do not have the luxury of taking your time. Law enforcement maintains a constant focus on criminal acts of this nature and work tirelessly to slap the accused with the harshest penalties possible. While this often done with the best of intentions, it can unfortunately become overzealous and can leave the innocent suffering from criminal charges and penalties that they do not deserve.

Dealing with a criminal conviction of a sex crime is different from any other type of criminal offense. Not only will you be forced to deal with the immediate consequences of incarceration, monetary fines and community service, but you will also be forced to deal with the sex offender registry. This is serious and could have a serious impact on your life - not only affecting your personal relationships, but your professionally life as well.

We at the Law Offices of Brian D. Perskin know what is on the line when dealing with criminal charges of this nature. We have seen time and time again how a single criminal charge can completely ruin the life of an individual. Should you choose to work with a New York City criminal defense attorney from our firm, you will be able to be confident knowing that you will have an advocate on your side that is willing to go the distance for you. Give us a call today to learn more about how we can help you.

To learn more about sex offender registry and how we can protect your rights, please do not hesitate to contact a New York City sex crime defense lawyer from our legal team today.