The Law Offices of John Ferrara

What Can Be Done To Mitigate The Consequences Of A Sex Crime?


Often this is all we can do. If there is a voluntary confession, DNA evidence and a credible witness, it may not be realistic to hope for an acquittal. At this point, we look to treatment. The treatment may be substance abuse if that played a role in the defense. The treatment may be sex offender counseling. Although it is rare, sometimes restitution can help mitigate. (For example for medical or counseling services). In rare cases, when there are co-defendants, one might consider cooperation with the prosecution in exchange for leniency. These are rare, but not impossible.

What Are The Penalties And Lifelong Consequences Associated With A Sex Crime Conviction?

The list here is very long. Obviously, one could receive incarceration, sometimes for very long periods of time, including lifetime. Most of these crimes will require sex offender registration, which will limit where one can live and work, even after serving the jail portion of the sentence. There will almost always be counseling. If one is placed on parole or probation, he will lose at least some of the freedoms that other Americans enjoy every day, such as infringements on free speech (limitations on one’s use of pornography) and right to bear arms. I have seen parents who are not allowed to go where children gather. They cannot watch their child play little league. It will be very difficult to get any job or position that requires a background check.

What Criminal Charges Can Result In The Defendant Becoming A Registered Sex Offender?

New York State lists and updates the crimes that result mandatory sex offender registration at http://www.criminaljustice.ny.gov/nsor/sortab1.htm.

The list as of this writing are:

  • 20.70 E Felony1
luring a child
  • 130.20 A Misdemeanor
sexual misconduct
  • 130.25 E Felony
rape in the third degree
  • 130.30 D Felony
rape in the second degree
  • 130.35 B Felony
rape in the first degree
  • 130.40 E Felony
criminal sexual act in the third degree
  • 130.40 E Felony
sodomy in the third degree
  • 130.45 D Felony
criminal sexual act in the second degree
  • 130.45 D Felony
sodomy in the second degree
  • 130.50 B Felony
criminal sexual act in the first degree
  • 130.50 B Felony
sodomy in the first degree
  • 130.522 A Misdemeanor
forcible touching
  • 130.53 E Felony
persistent sexual abuse
  • 130.552B Misdemeanor
sexual abuse in the third degree
  • 130.60 A Misdemeanor
sexual abuse in the second degree
  • 130.65 D Felony
sexual abuse in the first degree
  • 130.65-a E Felony
aggravated sexual abuse in the fourth degree
  • 130.66 D Felony
aggravated sexual abuse in the third degree
  • 130.67 C Felony
aggravated sexual abuse in the second degree
  • 130.70 B Felony
aggravated sexual abuse in the first degree
  • 130.75 B Felony
course of sexual conduct against a child in the first degree
  • 130.80 D Felony
course of sexual conduct against a child in the 2nd degree
  • 130.90 D Felony
facilitating a sex offense with a controlled substance
  • 130.95 A-II Felony
predatory sexual assault
  • 130.96 A-II Felony
predatory sexual assault against a child
  • 135.053 A Misdemeanor
unlawful imprisonment in the second degree
  • 135.103 E Felony
unlawful imprisonment in the first degree
  • 135.203 B Felon
kidnapping in the second degree
  • 135.253 A-I Felony
kidnapping in the first degree
  • 230.044 A Misdemeanor
patronizing a prostitute in the third degree
  • 230.05 E Felony
patronizing a prostitute in the second degree
  • 230.06 D Felony
patronizing a prostitute in the first degree
  • 230.30(2) C Felony
promoting prostitution in the second degree
  • 230.32 B Felony
promoting prostitution in the first degree
  • 230.33 B Felony
compelling prostitution
  • 230.34 B Felony
sex trafficking
  • 235.22 D Felony
disseminating indecent material to minors in the first degree
  • 250.45(2), (3) and (4)5 E Felony
unlawful surveillance in the second degree
  • 250.50 D Felony
unlawful surveillance in the first degree
  • 255.25 E Felony
Incest (committed prior to 11/1/06)
  • 255.25 E Felony
Incest in the third degree
  • 255.26 D Felony
Incest in the second degree
  • 255.27 B Felony
ncest in the first degree
  • 263.05 C Felony
use of a child in a sexual performance
  • 263.10 D Felony
promoting an obscene sexual performance by a child
  • 263.11 E Felony
possessing an obscene sexual performance by a child
  • 263.15 D Felony
promoting a sexual performance by a child
  • 263.16 E Felony
possessing a sexual performance by a child
  • 263.30 B Felony
facilitating a sexual performance by a child with a controlled substance or alcohol

For more information on Mitigating Sex Crime Penalties, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (845) 794-1303 today.

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(845) 794-1303

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