What's happening
This bill amends the correction law to clarify that only attempted crimes requiring sex offender registration are included as sex offenses.
Why it matters
Narrows who must register as a sex offender for attempted crimes. Only those who attempt to commit an offense that itself requires registration will now need to register, preventing people convicted of attempting lesser, non-registrable underlying offenses from being subject to sex offender registration.
Reduces unintended consequences for lesser conduct. The change avoids situations where individuals convicted of attempting a crime (where the completed crime wouldn’t have required registration) are nonetheless forced to register as sex offenders, aligning the law more closely with its intent.
Clarifies and standardizes legal interpretation. By specifying that only attempts to commit registrable offenses count, the bill eliminates ambiguity and possible inconsistencies in how courts and agencies apply registration requirements.
Potentially impacts plea deals and sentencing. Prosecutors, defense attorneys, and defendants may adjust strategies knowing that only certain attempted crimes trigger registration, which could influence charges, pleas, and sentences in sex offense cases.
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Who cares
Headline styles
Update Sex Offense Definition
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to correction
- Referred to correction
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4046
2017-2018 Regular Sessions
IN ASSEMBLY
January 31, 2017
Introduced by M. of A. WEPRIN, O'DONNELL, COLTON, M. G. MILLER, ZEBROW- SKI, AUBRY -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to the definition of a sex offense
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (i) of paragraph (a) of subdivision 2 of section 168-a of the correction law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:
(i) a conviction of or a conviction for an attempt to commit any of the provisions of sections 120.70, provided the underlying offense the actor intended to commit constitutes an offense for which registration as a sex offender is required pursuant to this article, 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, 230.06, 230.11, 230.12, 230.13, subdivision two of section 230.30, section 230.32, 230.33, or 230.34 of the penal law, or section 230.25 of the penal law where the person prostituted is in fact less than seventeen years old, or
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04920-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.