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Legal Question about Sex Offenders in New York

I'm hoping there are some lawyers or others who may know NYS law out there. I recently learned an employee I hired did not disclose he had been convicted of a crime in the past seven years (a very specific question on the job app). I discovered it because I was on my county's sheriff's website where it lists ALL sex offenders registered with this office. He was listed as a Level 1 (lowest risk of repeating the crime, I believe). After I asked him about his conviction, he wanted to know how I found out. I simply told him that he was listed on the website which I check regularly. He told me that was ILLEGAL for the county to do b/c he's only a Level 1, and he is protected and his name & picture "cannot" be listed anywhere for public access. He said he'll talk to his probation officer and they're going to file a complaint. Does anyone know if this is true about Level 1 offenders? Can they be listed on a public site?

Answer Question

Asked by Anonymous at 11:06 PM on Apr. 8, 2010 in Money & Work

Answers (5)
  • If he has to register I would think that he would have to be listed on the site. Call your local police station and ask.


    Answer by JAIRATRACI at 11:28 PM on Apr. 8, 2010

  • Hmmm.... Regardless of whether he should or shouldn't be listed, he DID commit the crime, and he DIDN'T disclose it, right?

    Answer by Adelicious at 11:41 PM on Apr. 8, 2010

  • Not sure about NY, but where I live you are a registered sex offender whether you have a misdemeanor or a felony charge. Does your application ask if the person has been convicted of a crime or convicted of a felony? His charge is likely a misdemeanor if he is a level one, so if your question was asking if he was convicted of a felony he answered truthfully. I would find out about the specifics of the charge. I am a counselor and work with sex offenders. I have some who were 19 and the girl said she was of age when she was not. There is a huge difference between that and a person being a child molester. I have some men that I counsel that really should not be considered sex offenders. It really downplays the seriousness of the ones who do rape and molest woman and children.


    Answer by Anonymous at 1:51 AM on Apr. 9, 2010

  • OP here: On the application it only says "convicted of a crime" it does not specify felony or misdemeanor. In all honesty, had he disclosed the fact that he'd been convicted he most likely would have been hired anyway. He was charged with Sexual Misconduct. The following is from the NYS website:
    A person is guilty of sexual misconduct when:
    1. He or she engages in sexual intercourse with another person without
    such person's consent; or
    2. He or she engages in oral sexual conduct or anal sexual conduct
    with another person without such person's consent; or
    3. He or she engages in sexual conduct with an animal or a dead human
    Sexual misconduct is a class A misdemeanor.
    I can see your point about the difference between if he was a 20 year old who had "relations" with a girl who was not 18 yet and someone who is a rapist or molester. I just want to know if the public has the right to this info?

    Answer by Anonymous at 10:28 AM on Apr. 9, 2010

  • Also from the website on penal code:

    If you are dealing with minors, statutory rape becomes an issue. That is, an individual is deemed incapable of consent when he or she is less than 17 years of age. Hoever, Individuals are exempt from prosecution for rape or criminal sexual acts under the following circumstances:

    •If the victim is between 15 and 17 years of age and the defendant is less than 21 years of

    •If the victim is between 11 and 15 years of age and the defendant is less than 18 years of age
    or less than 4 years older than the victim.

    However, engaging in sexual intercourse or deviate sexual intercourse with someone under 17
    years is considered sexual misconduct (a misdemeanor) regardless of the age of the defendant.

    Answer by Anonymous at 10:34 AM on Apr. 9, 2010

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