Can A Sex Offender Move Next Door If You Have Children In New York State?
If you are a parent or guardian in New York State, you probably worry about the dangers your children are facing. One of the scary threats to your children are sexual offenders. In New York State, you might be surprised by the laws that regulate sex offenders once they are released from prison.
How Are Sex Offenders Classified In New York State
In New York State there are three risk levels that are assigned to sex offenders. It's based on the likelihood that they may commit another sex crime and/or harm the community. The three levels are:
- Level 1 (low)
- Level 2 (moderate)
- Level 3 (high)
The sentencing court generally determines an offender's risk level during sentencing or at the time of release from custody. In addition to levels, there are three designations that might be assigned to a sex offender:
- sexual predator
- sexually violent offender
- predicate sex offender
The level and designation dictate how long an offender must register.
What Does New York Law Say About Where Sex Offenders Can Live
Unfortunately, for parents and guardians, New York State does not really offer much regulation for where sex offenders can live. The law says,
The Sex Offender Registration Act does not restrict where a registered sex offender may live. If an individual is under parole or probation supervision, state law may limit them from living within 1,000 feet of a school or other facility caring for children.
If you find out that a sex offender is not living at the address that NYS Division of Criminal Justice Services has listed for the offender, contact your local law enforcement agency. Offenders must update their address no more than 10 days after moving.
The Division of Criminal Justice Services does offer this for parents and guardians who may have a sex offender living in their neighborhood,
DCJS has many teaching tools on its website under Missing Children/Safety for use when talking to children. If you believe that a crime is being committed by a sex offender, contact your local law enforcement agency immediately as you would do in any case of suspected criminal activity.