New York State Law

Correction Law

Consolidated Laws of New York's COR code

  Search NYS Sex Offender Registration Act

Article 6C - NY Correction Law

Section Description
168-A Definitions
1 Sex offender
2 Sex offense
3 Sexually violent offense
4 Law enforcement agency having jurisdiction
5 Division
6 Hospital
7a Sexual predator
7b Sexually violent offender
7c Predicate sex offender
8 Mental abnormality
9 Predatory
10 Board
11 Local correctional facility
12 Probation
13 Institution of higher education
14 Nonresident worker
15 Nonresident student
16 Authorized internet entity
17 Internet access provider
18 Internet identifiers
S 168-A Definitions. As  used  in  this  article,  the  following
  definitions apply:
    1.  "Sex offender" includes any person who is convicted of any  of  the
  offenses  set  forth  in  subdivision  two  or  three  of  this section.
  Convictions that result from or are connected  with  the  same  act,  or
  result  from  offenses  committed at the same time, shall be counted for
  the purpose of this article as one conviction. Any conviction set  aside
  pursuant to law is not a conviction for purposes of this article.
    2.  "Sex offense" means: (a) (i) a conviction of or a conviction for an
  attempt  to  commit  any  of  the provisions of sections 120.70, 130.20,
  130.25, 130.30, 130.40, 130.45, 130.60, 230.34, 250.50,  255.25,  255.26
  and  255.27  or  article  two  hundred  sixty-three of the penal law, or
  section 135.05, 135.10,  135.20  or  135.25  of  such  law  relating  to
  kidnapping  offenses,  provided the victim of such kidnapping or related
  offense is less than seventeen years old and the  offender  is  not  the
  parent  of the victim, or section 230.04, where the person patronized is
  in fact  less  than  seventeen  years  of  age,  230.05  or  230.06,  or
  subdivision  two  of  section 230.30, or section 230.32 or 230.33 of the
  penal law, or (ii) a conviction of or a conviction  for  an  attempt  to
  commit  any  of  the  provisions  of section 235.22 of the penal law, or
  (iii) a conviction of or a conviction  for  an  attempt  to  commit  any
  provisions  of  the  foregoing sections committed or attempted as a hate
  crime defined in section 485.05 of the  penal  law  or  as  a  crime  of
  terrorism  defined  in  section  490.25  of  such  law  or as a sexually
  motivated felony defined in section 130.91 of such law; or
    (b) a conviction of or a conviction for an attempt to  commit  any  of
  the  provisions  of  section 130.52 or 130.55 of the penal law, provided
  the victim of such offense is less than eighteen years of age; or
    (c) a conviction of or a conviction for an attempt to  commit  any  of
  the  provisions  of section 130.52 or 130.55 of the penal law regardless
  of the age of the victim and the offender has previously been  convicted
  of:   (i) a sex offense defined in this article, (ii) a sexually violent
  offense defined in this article, or  (iii)  any  of  the  provisions  of
  section 130.52 or 130.55 of the penal law, or an attempt thereof; or
    (d)  a  conviction  of  (i) an offense in any other jurisdiction which
  includes all of the essential elements of any such crime provided for in
  paragraph (a), (b) or (c) of this subdivision or (ii) a  felony  in  any
  other  jurisdiction  for which the offender is required to register as a
  sex offender in the jurisdiction in which the  conviction  occurred  or,
  (iii)  any  of  the  provisions  of  18 U.S.C. 2251, 18 U.S.C. 2251A, 18
  U.S.C. 2252, 18 U.S.C. 2252A, 18 U.S.C.  2260,  18  U.S.C.  2422(b),  18
  U.S.C. 2423, or 18 U.S.C. 2425, provided that the elements of such crime
  of  conviction  are  substantially the same as those which are a part of
  such offense as of the date on which this subparagraph takes effect.
    (e) a conviction of or a conviction for an attempt to  commit  any  of
  the  provisions  of  subdivision two, three or four of section 250.45 of
  the penal law, unless upon motion by the  defendant,  the  trial  court,
  having  regard  to  the nature and circumstances of the crime and to the
  history  and  character  of  the  defendant,  is  of  the  opinion  that
  registration would be unduly harsh and inappropriate.
    3.  "Sexually  violent  offense"  means:  (a) (i) a conviction of or a
  conviction for an attempt to commit any of the  provisions  of  sections
  130.35,  130.50,  130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.95
  and 130.96 of the penal law, or (ii) a conviction of or a conviction for
  an attempt to commit any of the provisions of sections 130.53,  130.65-a
  and  130.90  of  the penal law, or (iii) a conviction of or a conviction
  for an attempt to  commit  any  provisions  of  the  foregoing  sections
  committed  or attempted as a hate crime defined in section 485.05 of the
  penal law or as a crime of terrorism defined in section 490.25  of  such
  law; or
    (b)  a  conviction  of  an  offense  in  any  other jurisdiction which
  includes all of the essential elements of any such felony  provided  for
  in  paragraph  (a)  of this subdivision or conviction of a felony in any
  other jurisdiction for which the offender is required to register  as  a
  sex offender in the jurisdiction in which the conviction occurred.
    4.  "Law  enforcement  agency  having jurisdiction" means: (a) (i) the
  chief law enforcement officer in the village, town or city in which  the
  offender expects to reside upon his or her discharge, probation, parole,
  release  to  post-release supervision or upon any form of state or local
  conditional release; or (ii)  if  there  be  no  chief  law  enforcement
  officer in such village, town or city, the chief law enforcement officer
  of the county in which the offender expects to reside; or (iii) if there
  be  no  chief enforcement officer in such village, town, city or county,
  the division of state police and (b) in the case of a sex  offender  who
  is  or  expects  to  be employed by, enrolled in, attending or employed,
  whether for compensation or not, at an institution of higher  education,
  (i)  the  chief  law enforcement officer in the village, town or city in
  which such institution is located; or (ii) if  there  be  no  chief  law
  enforcement  officer  in  such  village,  town  or  city,  the chief law
  enforcement officer of the county in which such institution is  located;
  or  (iii)  if there be no chief law enforcement officer in such village,
  town, city or county, the division of state police;  and  (iv)  if  such
  institution  operates  or  employs  a campus law enforcement or security
  agency, the chief of such agency and (c) in the case of a  sex  offender
  who  expects  to  reside  within a state park or on other land under the
  jurisdiction  of  the  office  of   parks,   recreation   and   historic
  preservation, the state regional park police.
    5.  "Division"  means  the  division  of  criminal justice services as
  defined by section eight hundred thirty-seven of the executive law.
    6.  "Hospital" means: (a) a hospital as defined in subdivision  two  of
  section four hundred of this chapter and applies to persons committed to
  such hospital by order of commitment made pursuant to article sixteen of
  this  chapter;  or (b) a secure treatment facility as defined in section
  10.03 of the mental hygiene law and applies to persons committed to such
  facility by an order made pursuant to article ten of the mental  hygiene
  law.
    7.  (a) "Sexual predator" means a sex offender who has been convicted
  of a sexually violent offense  defined  in  subdivision  three  of  this
  section  and  who  suffers  from  a  mental  abnormality  or personality
  disorder that makes him or her likely to engage  in  predatory  sexually
  violent offenses.
    (b)  "Sexually  violent  offender"  means  a sex offender who has been
  convicted of a sexually violent offense defined in subdivision three  of
  this section.
    (c)  "Predicate  sex  offender"  means  a  sex  offender  who has been
  convicted of an offense set forth in subdivision two or  three  of  this
  section  when  the  offender has been previously convicted of an offense
  set forth in subdivision two or three of this section.
    8.  "Mental abnormality" means a congenital or acquired condition of  a
  person  that  affects the emotional or volitional capacity of the person
  in a manner that predisposes that person to the commission  of  criminal
  sexual acts to a degree that makes the person a menace to the health and
  safety of other persons.
    9.  "Predatory"  means an act directed at a stranger, or a person with
  whom a relationship has been established or  promoted  for  the  primary
  purpose of victimization.
    10.  "Board"   means  the  "board  of  examiners  of  sex  offenders"
  established pursuant  to  section  one  hundred  sixty-eight-l  of  this
  article.
    11.  "Local correctional facility" means a local correctional facility
  as that term is defined in subdivision sixteen of section  two  of  this
  chapter.
    12.  Probation  means  a  sentence  of  probation  imposed pursuant to
  article sixty-five of the penal law and  shall  include  a  sentence  of
  imprisonment imposed in conjunction with a sentence of probation.
    13.  "Institution  of  higher  education"  means an institution in the
  state providing higher education as such term is defined in  subdivision
  eight of section two of the education law.
    14.  "Nonresident  worker"  means any person required to register as a
  sex offender in another jurisdiction who is employed  or  carries  on  a
  vocation in this state, on either a full-time or a part-time basis, with
  or without compensation, for more than fourteen consecutive days, or for
  an aggregate period exceeding thirty days in a calendar year.
    15.  "Nonresident student" means a person required to register as a sex
  offender  in  another  jurisdiction  who  is  enrolled on a full-time or
  part-time basis in any public or private educational institution in this
  state including any secondary school, trade or professional  institution
  or institution of higher education.
    16.  "Authorized  internet entity" means any business, organization or
  other entity providing or offering a service  over  the  internet  which
  permits  persons under eighteen years of age to access, meet, congregate
  or communicate with other users for the purpose  of  social  networking.
  This definition shall not include general e-mail services.
   17.  "Internet  access  provider"  means any business, organization or
  other entity engaged  in  the  business  of  providing  a  computer  and
  communications  facility  through  which a customer may obtain access to
  the internet, but does not include a  business,  organization  or  other
  entity to the extent that it provides only telecommunications services.
    18.  "Internet  identifiers"  means  electronic  mail  addresses  and
  designations used for the purposes of chat,  instant  messaging,  social
  networking or other similar internet communication.

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