Sex Offender Registration

Any person convicted or adjudicated delinquent or a youthful offender of certain Sex Crimes (or equivalent convictions from another state) must register with the Sex Offender Registry Board.

The following includes some of those Sex Crimes that would require a person to register with the Sex Offender Registry Board:

• Rape
• Rape of a Child Under 16
• Assault with Intent to Commit Rape
• Statutory Rape
• Aggravated Rape
  
• Indecent Assault & Battery on a Child Under 14
• Indecent Asasult & Battery on a Mentally Retarded Person
• Indecent Assault & Battery on a Person 14 or Over
• Kidnapping of a Child Under 16
• Enticing a Child Under 16 to Commit a Crime
• Drugging a Person for Sexual Intercourse
• Inducing a Minor to Prostitution
• 2nd or Subsequent Conviction for Open & Gross Lewdness
• Incestuous Marriage or Intercourse
• Dissemination of Material Harmful to a Minor
• Posing or Exhibiting a Child in a State of Nudity
• Possession of Child Pornography
• Unnatural and Lascivious Acts with a Child Under 16

Generally, after a conviction of a Sex Crime that triggers Sex Offender Registration, the time period during which the offender must register with the Board depends on the status of the offender. For example, offenders on probation must register within 2 days of being informed of their obligation to register; whereas offenders that have been incarcerated must register within 2 days of their release from custody.

The Sex Offender Registry Board must also be notified of an offender’s intent to:

• change a home, work or post-secondary school address within 10 days of doing so;
• move out of the Commonwealth in writing 10 days prior to moving.

After an offender initially registers with the Sex Offender Registry Board, the board will send a letter advising the person of the right to submit evidence regarding the dangerousness and risk of re-offense. At this stage, the Board will assign a preliminary classification level to the offender (Level 1, 2 or 3) and whether the person is required to register, including the initial classification level.

If the offender wishes to contest the classification assigned to him by the Board, he/she must request a hearing within 20 days of receipt of the initial classification level – a failure to do so constitutes a waiver of the right to a hearing.

There and 3 Levels assigned to those adjudicated as Sex Offenders:

• Level 1 Sex Offenders represent a low risk of re-offense. These offenders may register with the Board by mail; and there is no dissemination to the public.

• Level 2 Sex Offenders pose moderate risk of re-offense. These offenders must register in person at the local police station; and there may be some dissemination to the public.

• Level 3 Sex Offenders pose a high risk of re-offense. These offenders must register at their local police station; and there is extensive dissemination to the public.

The duration for which a Sex Offender must continue to register with the Sex Offender Registry Board depends on a number of factors, but primarily the person’s classification level and the number of sex offense convictions. Generally, however:

Adults convicted of a single sex offense and most juveniles will typically be required to register for 20 years from the date of conviction or release from custody or supervision, whichever is longer.

Adutls convicted of 2 or more sex offenses committed on different occasions, a sexually violent offense; or adults and juveniles determined to be ‘sexually violent predators’ and/or subject to lifetime registration, their registration requirement will never be terminated.

A Sex Offender may apply for Termination of Registration 10 years from the date of conviction or release from custody, whichever is longer. The offender must prove, however, by clear and convincing evidence, that he/she has not committed any new sex offenses and is not likely to pose a danger to the safety of others.

Boston Criminal Lawyer Lefteris K. Travayiakis is an experienced criminal defense lawyer availabe 24/7 to represent those accused of Sex Crimes, including representation before the Massachusetts Sex Offender Registry Board.

To schedule a Free Consultation with a Boston Criminal Lawyer, Contact Us Online or call 617-325-9500.