Who is a Sex Offender?
This is a person who lives or works in Massachusetts or is a student at a Massachusetts state college, who has been found guilty of a sexual offense. Also, a person who has a sex offender conviction as a youth or juvenile, or who has been released from prison for this crime, is also considered a sex offender.
Who has to Register as a Sex Offender?
People who have been convicted of the following crimes:
- Rape, rape of a child under 16 with force
- Assault with intent to commit rape, assault on a child with intent to commit rape, indecent assault and battery on a child under 14, on a mentally retarded person, or on a person age 14 or over
- Enticing a person for prostitution of sexual intercourse, drugging a person for sexual intercourse, inducing a minor into prostitution, living off or sharing earnings of a minor prostitute
- Child kidnapping
- Incestuous marriage or intercourse
- Posing or exhibiting a child in a state of nudity, child pornography, unnatural and lascivious acts with a child under 16
- Dissemination of harmful material to a minor, or dissemination of visual material of a child in a state of nudity or sexual conduct
- Aggravated rape
- Other charges related to enticing a child or rude and lascivious behavior toward a child
Timeframe and Duration on the Registry
People are required to register as a sex offender for 20 years after a conviction, adjudication, or release from custody or supervision, whichever happens last. If a person has been convicted of two sexual offenses at different times, has been considered sexually violent, or falls under other categorization, it may be necessary to register as a sex offender for a lifetime.
However, offenders may apply to stop registering after ten years if there is proof and clear evidence that no further sexual offenses have occurred and that the offender is not likely to be a threat to others’ safety.
Penalties for Noncompliance
Someone who does not register, does not prove that registered information is accurate, or does not notify the registry when there is an address change, or lies about the information given, faces potential jail or prison time of six months to five years for a first offense and at least five years for a second offense, and/or a fine of up to $1,000.
Classification Levels for Sex Offenders
- A Level 1 sex offender is someone that is not considered likely to reoffend and isn’t considered dangerous to public safety. This information isn’t public; only the Departments of Correction, Youth Services, Social Service, Parole Board, Probation, and Mental Health, county correctional facilities, all city and town police departments and the FBI are aware of level 1 offender status.
- A Level 2 sex offender is considered to have a moderate risk to offend again, with potential danger to public safety. As a result, this level of sex offender is listed among the above departments and services as well as through the Sex Offender Registry Board.
- A Level 3 sex offender is considered to have a high level of reoffending, with a serious danger to public safety. These offenders are made public through local police departments as well as through the Sex Offender Registry Board.
People aged 18 or older can find out who is registered as a sex offender at their local police departments. Level 3 sex offenders are listed on the website for the Sex Offender Registry Board.
If you or a loved one have been charged with a sexual offense, or with sexual assault or rape, contact our offices at Altman & Altman, 617.492.3000 or 800.481.6199 toll-free, or contact us online for a free consultation.