When an individual is charged with a sex crime, it is a very serious offense. Just being accused of being involved in a sex crime can detrimentally impact a person’s future. It has the potential to damage their personal and professional life. When a person is convicted of a sex crime, it affects their life differently than other crimes. If an individual commits a crime, they are sentenced to certain consequences and pay their debts to society before they are able to move on with their life. In the event of a sex crime, the offender is placed on the New York State Sex Offender Register and there can be a limitation to where they live or work. If you are accused of a sex crime, you need an attorney to fight on your behalf if you wish to be kept off the registry.
What is a Sex Crime?
A sex crime is defined as any sexual act that does not have the consent of the other party involved. However, consent can be a difficult matter as it does not always mean permission. Any individual under the age of 17 is not legally able to give consent to participate in a sexual act. In addition to this, those with a degree of mental handicaps cannot give consent either. In the state of New York, a sex crime can include but is not limited to:
- Sexual assault
- Aggravated sexual assault
- Forcible touching
Consequences of a Sex Crime
The majority of sex crimes are misdemeanors or felonies. Examples of misdemeanor sex crimes can include:
- Sexual misconduct
- Forcible touching
- Sexual abuse in the second degree
- Sexual abuse in the third degree
Examples of felony sex crimes can include:
- Sexual abuse in the first degree
- Aggravated sexual abuse
- Child sexual abuse
- Predatory sexual assault
The NYS Sex Offender Registration Act
In January of 1996, the New York State Sex Offender Registration Act (SORA) was established. This created the Sex Offender Registry within the New York State Division of Criminal Justice Services. SORA helps local law enforcement protect its communities by requiring sex offenders to register with the state. This also requires law enforcement to provide information to the general public about sex offenders within their city.
According to SORA, sex offenders receive a certain category. How an offender is categorized depends on their threat to society and their crime. Sex offenders are broken up into 3 categories:
- Low-risk offenders are Level 1
- Moderate-risk offenders are Level 2
- High-risk offenders are Level 3
The registry includes Level 2 and 3 offenders for the rest of their lives, while Level 1 offenders are on a private registry that can only be accessed by law enforcement agencies for 20 years.
Contact our Firm
If you or someone you know what charged with a sex crime, contact Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.