Relates to the definition of a sex offense

3 Co-sponsors

• William Colton
• Michael G. Miller
• Kenneth Zebrowski

BILL NUMBER:A10707

Title of bill

An act to amend the correction law, in relation to the definition of a sex offense

Purpose or general idea of bill

This bill clarifies when a person convicted of luring a child pursuant to section 120.70 of the penal law is required to register as a sex offender.

Summary of specific provisions

Section 1 of amends the correction law to clarify that a person convicted of luring a child pursuant to section 120.70 of the penal,law is required to register as a sex offender when the underlying offense the defendant intended to commit is an offense that requires registration as a sex offender.

Justification

The sex offender registry exists for the purpose of providing the public with information about sex offenders. As such, all offenders appearing in the registry should be those who have been convicted of a sex offense. Under the current provisions of section 168-a(2)(a)(i) of the penal law, certain offenders convicted of non-sex offenses could be included in the sex offender registry. This dilutes the purpose of the sex offender registry to provide the public with information about convicted sex offenders.

For example, under current law, an 18 year old high school student convicted of luring a 16 year old high school student for the purpose of stealing his ipod could be required to register as a sex offender. Robbery and attempted robbery are not registerable offenses, yet under the current language of §168-a(2)(a)(i), such offender could be required to register as a sex offender and submit to all related restrictions and conditions. Such an offender is not the intended target of the sex offender registration act.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

Immediate.