Sex Offender Registration in MA

If you are facing virtually any conviction for a sex crime in Massachusetts, and you live, work, or attend a post-secondary school in the state, you will be required to register with the Massachusetts Sex Offender Registry Board (SORB) in Salem. Registration is also required for juveniles who have been adjudicated delinquent on certain sex offenses. Any other person convicted of a sex crime may also be ordered to register as part of their sentencing, depending on the circumstances of their alleged crime.

Sex crimes that could warrant sex offender registration include:

• Possession of child pornography
• Rape
• Indecent assault and battery
• Sex with a minor

Before you can be released from any prison or jail time, you must have already registered as a sex offender no later than two days prior to release. You must also register two days before you start regular employment, two days after a probation or parole officer tells you to register, or ten days before attending post-secondary school. Failing to register or update your registry after moving for any reason can lead to new criminal charges with steep penalties of their own.

Contact Boston Criminal Defense Attorney Brad Bailey for an explanation of your rights after you have been accused of or convicted of a sex crime.

Duration of Mandatory Registration

After most convictions, a sex offender will be forced to register to SORB for at least 20 years but many more serious offenses, such as violent sexual acts or a sexual act carried out against children, mandate a lifetime of registration. Non-lifetime registrants may be able to petition to have their name released from the registry after 10 years have passed. Any sort of criminal activity within those 10 years can be grounds for the petition’s denial. Lifetime registrants are never granted any such chance of reprieve.

Three Levels of Registration Category

Sex offender registration is broken down into three levels:

Level I: The least intrusive category, Level I registrants may submit their verifications through the mail to remain private; the identities and details of their conviction are not available to the public; registration is only required once a year.

Level II: Registrants of this category must reregister once a year as well but must do so in-person at a police station in their hometown; members of the public may learn their identities and the circumstances of their conviction if they send an inquiry through the mail.

Level III: Once-a-year, in-person registration is required of Level III sex offenders at their local police station; detailed information about themselves and their convictions can be distributed by the police without inquiry or warning; similar information will also be posted to an online database.

SORB chooses the initial category of an offender based on a number of different variables. Criminal history, age of alleged victim, disciplinary records, and more can all be evaluated to determine the sex offender registry level. Sex offenders are able to provide information to the Board that they believe will help them receive a lesser category. Level II and III offenders can also request a hearing to challenge their categorization. Both petitioning for such a hearing and arguing a case at the hearing are complicated legal processes. It is highly advisable to hire a criminal defense lawyer if you want to proceed with a SORB hearing.

Common Ways to Violate Sex Offender Registration in Massachusetts

Failing to comply with the registration requirements can lead to serious legal consequences. Below are some common ways a person might violate sex offender registration laws in Massachusetts and the associated criminal penalties.

• Failure to Register: A sex offender must register with the SORB within a specific timeframe upon moving to Massachusetts, being released from incarceration, or after a qualifying conviction. Failure to initially register is a serious violation.
• Failure to Verify Information: Sex offenders must periodically verify their address and other information based on their classification level. Level 2 and Level 3 offenders must verify annually, while sexually violent predators and certain other offenders must verify every 90 days. Failure to verify as required constitutes a violation.
• Failure to Report a Change of Address: A registered offender must inform the SORB and local law enforcement before moving to a new residence. Moving without notifying authorities is a violation.
• Providing False or Misleading Information: Providing incorrect information about an address, employment, or identity can lead to criminal charges.
• Failure to Register Upon Entering or Leaving Massachusetts: A sex offender moving to Massachusetts from another state must register within two days. A registered offender leaving the state must inform the SORB.
• Failure to Register Internet or Employment Information: Sex offenders may be required to register employment locations, school attendance, and even online identifiers. Failing to report these details is a violation.

Violating sex offender registration laws in Massachusetts is a criminal offense with serious consequences:

• First Offense: A felony punishable by up to 5 years in state prison or up to 2.5 years in a county jail and possible fines of up to $1,000.
• Subsequent Offenses: A felony punishable by a mandatory minimum sentence of 5 years in state prison (no parole eligibility).
• Aggravated Violations: If the violation is committed with intent to mislead law enforcement or avoid detection, additional charges may apply. If the offender is on probation or parole, additional penalties or revocation may occur.

Doing All We Can for the People We Represent

Presenting a convincing argument on your behalf at a SORB hearing is certainly useful but it is not the full extent of what Brad Bailey Law and our Boston sex crimes lawyers can do for you and your case. We may be able to use forensic psychiatric evidence to establish that you are not a risk to reoffend nor are you a danger to the commonwealth. In other instances, we have used scientific test results to support expert testimony that was advantageous to our clients. Our techniques are helpful to sex offenders who are being newly evaluated, or to Level II or III offenders who need to petition for a lower category.

Call (617) 500-0252 and learn what we can do for you during a free consultation.