Archive for the ‘Sex Offender’ category

Child Pornography Laws

November 15, 2013

Child Pornography Laws

           Sweeney and Associates has handled high profile child pornography cases which have received not only national but international media coverage in the cases of Robert Diduca and Geoffrey Portway. We have also handled numerous cases in State and District Courts in this area.  When you are faced with charges involving child pornography the laws are harsh and it is extremely important that you hire an experienced attorney familiar with both Massachusetts Child Pornography Law and Federal Child Pornography Law. At Sweeney and Associates we have handled Child Pornography and Sexual Assault cases both in state courts and federal courts and are very knowledgeable in this area.

Depending on the charges, Possession of Child Pornography, Production of Child pornography or Distribution of Child Pornography, as well as the type and amount of material you possess, you may be charged in a District or Superior Court in Massachusetts or your case could be taken over and brought directly into Federal Court. Some cases may start out in District Court but then the Federal Government will take over the case and charges will be brought in Federal Court due to the type of images you possess, the amount, whether you have been distributing these images by trading online or engaging in Peer to Peer Networks. Do to the level of investigatory resources the Federal government has allocated to investigate these crimes your case may well begin and remain in Federal Court. Peer to peer networks and chat rooms are self monitoring and reporting potential violations to the police and the police and federal agencies have agents who also monitor these sites and track IP addresses right back to your computer.  They then come with a search warrant and seek to question you and most clients end up hurting their case fatally by giving a statement to the police during these searches instead of invoking their 5th Amendment privilege to remain silent and not answer any questions.  Because of this, it is important to hire an attorney experienced with handling these types of charges in any court.

With any case involving child pornography, our primary goal is always to fight the charges against you and force the government to prove not only that it was your computer but that it was actually you using the computer to download or distribute images or videos. Note that in one case that we were involved with the police raided the wrong home, arrested and charged the occupant with Child Pornography charges and it took months before he was cleared when it was proven that a neighbor was using his wireless router to access the internet.

At Sweeney and Associates we are very proactive in fighting these charges.  We begin by filing motions to obtain all the discovery information available including copies of the hard drive(s) of your computer because discovery is a key component in Child pornography cases.  Generally, the charges are based on the Commonwealth or Government tracking your chat room conversations, Peer to peer networking exchanges, IP address, and/or your email address where photographs or videos were sent or received. Being knowledgeable in the field of technology and having a computer expert on hand allows us, in some cases, to discredit the reliability of the tracking technology and provides the defense that it was another individual responsible for the possession or distribution of child pornography.

After we obtain and review all the discovery, cases generally follow one of two paths. In some cases, we can proceed with filing a motion to suppress certain evidence or the search warrant. We can also file motions to dismiss based on our review of the discovery including if the images do not meet the statutory definition of child pornography (see below) or if the person depicted appears to be of age. In other cases, due to the evidence in their possession, including any statements you may have made to the investigators, we must try to reach an agreement with the prosecutor known as a plea agreement.

While our main goal is always to keep you from being convicted, we are also very well aware of the stigma associated with these kinds of charges and the collateral consequences including having to register as a sex offender if you are convicted at trial. If negotiating a plea is in your best interest and you agree, then we will discuss your case with the prosecutor. We have been successful in reducing or amending certain charges so that a person receives only probation and/or does not have to register as a sex offender.  (NOTE this is not a promise that this will happen in your case as each case is different and attorneys cannot promise any outcome in any particular case.  Past achievements are not promises of future achievements.)

Below is a chart depicting the most common charges a person will face in both state or federal court and the punishment for each charge. Please note this is not an exhaustive list and for those offenses that increase incarceration time based on prior convictions, there are only certain convictions that qualify for the increase in incarceration time.

STATE STATUTES AND PUNISHMENTS

G.L. c. 272 29A Production of Child Pornography State prison not less than 10 years nor more than 20 yearsOR$10,000- $50,000 fineORBoth incarceration and fine
G.L. c. 272 29B Distribution of Child Pornography(depiction of a person under 18 in a state of nudity or engaged in a sexual act) State prison not less than 10 years nor more than 20 yearsOR$10,000- $50,000fineOR3x the economic gain from distributing the imagesOR

Both incarceration and fine

G.L. c. 272 29C Possession of Child Pornography State prison not more than 5 years ORHouse of Correction not more than 2.5 yearsOR
$1,000-$10,000 fineOR
Both incarceration and afineMust register as a sex offenderCase Cannot Be Continued Without A Finding

FEDERAL STATUTES AND PUNISHMENTS

 

18 U.S.C. § 2251(a) Sexual Exploitation of a Child Not less than 15 years nor more than 30 years for first convictionNot less than 25 nor more than 50 years if second convictionNot less than 35 years nor more than life if third or subsequent convictionANDFine imposed
18 U.S.C. § 2252(a)(2) Distribution of Child Pornography Not less than 5 years nor more than 20 years for first convictionNot less than 15 years nor more than 40 years if prior convictionANDFine imposed
18 U.S.C. § 2252(a)(4)(B) Possession of Child Pornography Not more than 10yearsORFine imposedORBoth incarceration and a fineNot more than 20 years if the child is under 12

AND

Fine imposed

Not less than 10 years nor more than 20 years if second or subsequent conviction

AND

Fine imposed

Most states mirror the Federal Laws on Child Pornography found in 18 USC § 2256:

For the purposes of this chapter, the term—

(1) “minor” means any person under the age of eighteen years;

(2)

(A) Except as provided in subparagraph (B), “sexually explicit conduct” means actual or simulated—

(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

(ii) bestiality;

(iii) masturbation;

(iv) sadistic or masochistic abuse; or

(v) lascivious exhibition of the genitals or pubic area of any person;

(B) For purposes of subsection 8(B)  [1] of this section, “sexually explicit conduct” means—

(i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited;

(ii) graphic or lascivious simulated;

(I) bestiality;

(II) masturbation; or

(III) sadistic or masochistic abuse; or

(iii) graphic or simulated lascivious exhibition of the genitals or pubic area of any person;

(3) “producing” means producing, directing, manufacturing, issuing, publishing, or advertising;

(4) “organization” means a person other than an individual;

(5) “visual depiction” includes undeveloped film and videotape, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format;

(6) “computer” has the meaning given that term in section 1030 of this title;

(7) “custody or control” includes temporary supervision over or responsibility for a minor whether legally or illegally obtained;

(8) “child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—

(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;

(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or

(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

(9) “identifiable minor”—

(A) means a person—

(i)

(I) who was a minor at the time the visual depiction was created, adapted, or modified; or

(II) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and

(ii) who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and

(B) shall not be construed to require proof of the actual identity of the identifiable minor.

(10) “graphic”, when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted; and

(11) the term “indistinguishable” used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.

Even though the federal statutes state the length of incarceration, it is important to note that an individual’s sentence in Federal Court is governed by the Federal Sentencing Guidelines which contain “enhancements” based on the nature and number of images, whether a computer was used, the age of the child and other such issues that arise in almost every case.  Federal Judges are not generally pleased with these enhancements and have deviated from them to reduce the defendant’s jail time.  You want an attorney that is aware of these and will negotiate on your behalf to reduce the penalty. While judge’s have discretion to deviate from the Guidelines by either increasing or decreasing an individual’s sentence, most often the judge will sentence an individual based on the Guidelines calculation. The Federal Sentencing Guidelines determine a person’s sentence by starting at a base level for the specific charge and then the sentence is either increased or decreased based on a variety of factors. A person’s criminal history is also taken into account in determining one’s sentence. A person’s sentence is also reduced if they take responsibility for their crime by pleading guilty. Attorneys at Sweeney and Associates are knowledgeable in how to calculate a sentence under the Guidelines which is invaluable in determining whether or not your best option is to proceed with a trial or accept a plea agreement.

Attorney Richard Sweeney is experienced and knowledgeable in every aspect of child pornography charges.  It is vital to your future and liberty that you hire reputable and experienced attorneys to handle your case. If you are facing these charges, contact Sweeney and Associates at 617-328-6900 or email us at RSweeney@RSweeneylaw.com  today and let us help you navigate the system and obtain the best result possible.  This type of charge affects you and your whole family and we are experienced and can provide you and your family with the resources and help necessary to deal with these charges.

Child Pornography Investigations by Homeland Security

August 11, 2012

Federal and State officials are cracking down on Possession of Child Pornography and the Distribution of Child Porn by tracking the IP  addresses of the users.  For over a year a skilled set of investigators have targeted internet Child pornography with great success.  Jennifer McKim of  The Boston Globe and Boston,com wrote an excellent article on the arrest of Robert Diduca in Massachusetts and the investigation of child pornography that received front page coverage of their July 29, 2012 Sunday edition.   These investigators from the Department of Homeland Security are making arrests and using the computers they seize as a result of the arrest to determine who has been sending or receiving child porn to these computers.  The ip addresses are the digital equivalent of a phone number and they lead the detectives to any computer that has been corresponding illegally with the person arrested.  Child pornographers have long used peer-to-peer networks, chat rooms and Skype to trade these photos and videos but investigators have made great inroads into these areas and have made hundreds of arrests around the world.  Charges of Possession and Distribution of Child Pornography carry federal criminal sentences of 5-20 years and higher depending on the level of involvement.  If you or anyone you know may have a problem or need information contact Attorney Richard Sweeney at 617-328-6900 or go to our website at RSweeneylaw.com for attorneys experienced in the defense of child pornography and sexual offenses.

The New CORI Law and who can see my record

June 15, 2012

What is a “record” and who can see it? (Criminal Offender Record Information of “CORI” laws)

 

What does “CORI” mean?

A: A CORI, or Criminal Offender Record Information, consists of records and data in any communicable form compiled by  a Massachusetts  justice agency.  They relate to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, sentencing, incarceration, rehabilitation, release or other judicial proceedings.  They DO NOT include juvenile criminal history, unless the juvenile was adjudicated as an adult on the charges.

What is iCORI and the iCORI response?

A: iCORI is a newly developed computer system used by the Department of Criminal Justice Information Services to file CORI records provided to them daily by the trial courts.  An iCORI response is the confidential information regarding certain criminal offenses a person was charged with in Massachusetts, and on which that person was arraigned in either District Court or Superior Court.  Once a person is arraigned, they have a “record”, which will never disappear without a court order.

How can I get my dismissed case removed from my criminal record?

 

A:         The probation department routinely opposes any attempt to remove anything from your record.  In limited circumstances, such as the wrong person was listed or misidentified in some way, a court order will accomplish that result.  In most cases, the best you can hope for is a “sealed record”.  Misdemeanors may be sealed 5 years after the conviction or any period of incarceration, whichever is last.  Felonies may be sealed 10 years after the conviction or any period of incarceration, whichever is last.

However, that is not always a good thing, because it will come back, in certain circumstances, as “sealed”, which invites speculation.  Criminal justice agencies may obtain all criminal record information, including sealed records, for the performance of their duties.

Contact us to discuss this matter.  The best way to prevent problems is to contact us immediately when you suspect the police are interested in you as there are various ways of dismissing cases PRIOR TO ARRAIGNMENT, at which time there is no “record” prior to arraignment.

I was never charged with some of the offenses that appear on my criminal record.  Where do I go to dispute this?

A: You need to contact the probation department of the court in which the disputed charges were brought.  This means if you are disputing several different charges out of several different courts, you must contact each of the probation departments of each of the various courts.  We can assist you in bringing motions before the court to prove you were the not the person charged, and ask to have the matter “expunged” from your record.  These are court proceedings where you should have an attorney representing, as they are not simple processes.  Often it is necessary to go to the police departments themselves and get booking photos to prove you are not the person listed.

BEWARE OF ALLOWING OTHERS TO USE YOUR INFORMATION TO OBTAIN AN ID ILLEGALLY AS THIS PERSON MAY GET ARRESTED AND BOOKED UNDER YOUR NAME AND IT IS TIME CONSUMING AND EXPENSIVE TO GO BACK AND PROVE THAT IT WAS NOT YOU!

 

What are the new CORI reforms?

 

A:         The CORI reforms are intended to provide ex-offenders with a better chance of re-integrating themselves into the employment world, while still maintaining public safety.  Individuals may now see what non-law enforcement entities have requested their CORI, to determine if checks were run prior to an interview or job rejection.

A crucial part of the reforms is the “Ban of the Box”, which prevents employers from asking (on an initial written employment application) whether an applicant for a job has been convicted of a criminal offense, unless the employer is prohibited by law from hiring individuals for a particular position because of criminal convictions.

Applicants are also entitled to a new Due Process Right, where if an employer has obtained criminal history information about an applicant, they must provide the applicant with the information prior to asking him/her about it.

Before an employer makes an adverse decision based on an applicant’s CORI, the employer must: notify the applicant of the potential adverse employment action; provide the applicant with a copy of their CORI; provide a copy of the employer’s CORI policy (if applicable); identify the information in the CORI that is the basis for the potential adverse employment action; provide the applicant with the opportunity to dispute the accuracy of the information in the CORI; provide the applicant with a copy of DCJIS information on the process for correcting CORI; and document all steps taken that comply with the above requirements.

Who gets to see my record and how much do they get to see?

 

A:         That depends on who the requesting party is and the degree of access they have to request and receive criminal history information through iCORI.

Employers now have Standard Access to CORI.  This means they can receive information on:

* All pending criminal charges, including cases continued without a finding of      guilt until they are dismissed;

* All misdemeanor convictions for 5 years following the date of disposition or    date of release from incarceration (whichever is later);

* All felony convictions for 10 years following the date of disposition or date of release from incarceration (whichever is later);

* All convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses;

* Information relating to offenses on which the subject was adjudicated as an     adult while younger than 17 years old

Landlords now have Standard Access to CORI (same as employers) in order to screen applicants for housing.  They can screen any adult leaseholder or applicant, but not other adult household members.

Hospitals, Healthcare Staffing Agencies, Healthcare Clinical Programs, Banks, Security System Installers and Amusement Device Operators are some examples of employers who have Required 1 Access to CORI. This means they must comply with regulations in hiring, and have access to:

* All pending criminal charges, including cases continued without a finding of      guilt, until they are dismissed;

* All misdemeanor and felony convictions dating from the subject’s 17th birthday;

* All information relating to those offenses for which the subject was adjudicated           as an adult while younger than 17 years old;

* All convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses

Assisted Living Facilities, Nursing Homes, Programs for Children, Councils on Aging, and Military Recruiters are some examples of employers who have Required 2 Access to CORI.  This means they must comply with regulations in hiring, and have access to:

* Non-conviction information;

* All pending criminal charges, including cases continued without a finding of      guilt, until they are dismissed;

* All misdemeanor convictions and felony convictions dating from the subject’s 17th birthday;

* All information relating to those offenses for which the subject was adjudicated           as an adult while younger than 17 years old;

* All convictions for murder, voluntary manslaughter, involuntary manslaughter   and sex offenses

Only Camps for children are given Required 3 Access to CORI.  This means they must comply with regulations in hiring, and have access to:

* Non-conviction information;

* All pending criminal charges, including cases continued without a finding of      guilt, until they are dismissed;

* All misdemeanor convictions and felony convictions dating from the subject’s 17th birthday;

* All information relating to those offenses for which the subject was adjudicated           as an adult while younger than 17 years old;

* All convictions for murder, voluntary manslaughter, involuntary manslaughter   and sex offenses

The Massachusetts Department of Early Education and Care has Required 4 Access to CORI.  This means they must comply with regulations in hiring, and have access to:

* Non-conviction information;

* All pending criminal charges, including cases continued without a finding of      guilt, until they are dismissed;

* All misdemeanor convictions and felony convictions dating from the subject’s 17th birthday;

* All information relating to those offenses for which the subject was adjudicated           as an adult while younger than 17 years old;

* All convictions for murder, voluntary manslaughter, involuntary manslaughter   and sex offenses;

* Information regarding criminal offenses that have been sealed

The Public has limited access to Open CORI. This means they have access to:

* Misdemeanor convictions within 1 year of conviction or release from incarceration;

* Felony convictions within 2 years of conviction or release from incarceration;

* All felony convictions punishable by five or more years of incarceration within             10 years of conviction or release from incarceration;

* All murder, manslaughter and sex offense convictions, unless sealed

REQUEST FOR PUBLICLY ACCESSIBLE MASSACHUSETTS CORI

 

There is no iCORI registration fee for public use, and individuals can use it to request their own personal CORI. Individuals can register for:

* Open CORI, which provides you with the ability to request some CORI         information of any individual;

* Personal CORI, which provides you with the ability to request your own      CORI; or

* Advocate, Guardian or Representative, which provides you with the ability to request CORI on behalf of someone else

If you don’t understand this and/or need an attorney to help you contact us at Rsweeney@rsweeneylaw.com.  See our website at www.Rsweeneylaw.com.  We can help!

Mass Criminal Law – Legal Information for College Students and Parents

June 16, 2010

Greetings and welcome to Massachusetts from the attorneys at  Sweeney & Associates.

As a parent of high school and college students, both in state and out Richard J. Sweeney is acutely aware that you may not know the laws of Massachusetts, and more importantly, what to do if you, or your son or daughter, should find yourself in trouble in Massachusetts. There is nothing more terrifying than being in another state and not knowing who to turn to. We work closely with schools and colleges, as well as local police departments and courts, to ensure that students avail themselves of the many first offender opportunities available to PREVENT YOU OR YOUR CHILD FROM “GETTING A RECORD.”

An experienced attorney can guide you through the court system and assist you in getting a hearing before a clerk magistrate or enrolling you in pre-trial and pre-arraignment programs designed to give young first time offenders the ability to correct their behavior without getting a criminal record.
Each and every college will discuss the local laws with the students at their first opportunity. The colleges located in and around Boston enforce the possession of alcohol laws more than the enclosed suburban campuses due to neighborhood involvement in keeping students from partying in local neighborhoods as opposed to on-campus parties. The Boston Police have a zero tolerance policy and tend to arrest each student for simply possessing alcohol while under the age of 21 or for any possession of illegal drugs. HOWEVER you should be aware that there are MANDATORY JAIL TERMS for certain drug offenses and there are programs for first offenders. IT IS NOT WISE TO PAY THE FINE AND WALK OUT OF COURT!!! This will cause you to have a record that will follow you for the rest of your life, will impact on your status as a resident of a dorm in certain schools, affect your immigration status, your ability to have, receive financial aid or possess certain professional licenses after you graduate. You are entitled to a first offender or diversion program for certain drug and alcohol cases including possession of drugs or alcohol, driving under the influence and other offenses. Also it is important to note that urinating in public by itself does have negative consequences but it is extremely important to have an attorney involved to have the charge amended to one that will not make you a candidate for the SEX OFFENDER LIST.

In short, do not speak to the police if arrested. Ask for an attorney and DO NOT attempt to handle the case yourself in court. We have actually been in court with clients when other students, with the aid of their own attorneys not as familiar with Massachusetts’ Courts and we have watched these students, plead guilty, pay a fine and leave. THEY NOW HAVE CRIMINAL RECORDS AND LOST THEIR CHANCE AT A FIRST OFFENDER PROGRAM, while our clients are paying the same fine but PRIOR TO ARRAIGNMENT!!!!! NO CRIMINAL RECORD!!

This page is not long enough to outline all of the remedies available nor to discuss how each school or university handles these different crimes. As parents and attorneys we know that you need some free initial advice and the time to have someone explain your options. If you, a friend or your student gets stopped by the police please do not give any statements and call the experts at Sweeney & Associates. We know the law and we know the courts. Help us help you.

Richard J. Sweeney is a retired Sergeant from the Boston Police Department who spent many years dealing with students in the Kenmore Square, Allston/Brighton neighborhoods as well as directing a drug unit prior to his retirement. As a former hockey coach of high school and college students he has a tremendous amount of experience dealing with high schools, prep schools and colleges when their students get in trouble.

You are paying a tremendous amount for the best education you can get. Don’t make the mistake of a lifetime and not get the best attorney because you think you know what to do. We have been contacted by CEO’s, politicians, judges, attorneys and corporate counsel from more than half of the United States and Puerto Rico as well as foreign nationals to have us represent their children, or their client’s children for everything from possession of alcohol to sex crimes. We have our own immigration specialist, our own investigator and our own well-chosen associates that allow us to deal with your problem with individual care for you and your family during trying times. Call the experts before you make a decision that will affect the rest of your life. Choose your lawyer as you chose your school.

We welcome calls from new students, or parents of new students, that may have individual questions.

WE KNOW OUR WAY AROUND THE COURTS AND WE CAN HELP!
Contact us at 617-328-6900 or email us at  rsweeney@Rsweeneylaw.com

Please feel free to contact us with any question at 617-328-6900 or email us at Rsweeney@Rsweeneylaw.com.  Don’t let money stop you from calling us to answer your most important questions.  You did a lot of research to choose your school.  Do the same when it comes to a law firm that will help you define your future.  We can help.  Just ask your friends.

See the Massachusetts General Laws at: http://www.mass.gov/legis/laws/mgl/gl-pt4-toc.htm

Massachusetts Sex Offender Registry

May 23, 2010

Megan’s Law is the term commonly used to describe state laws requiring convicted sex offenders, or people who are tagged as sexually deviant based upon prior convictions, to register themselves with a statewide board as sexually deviant.

What is the sex offender registry board?

The sex offender registry board is the panel which must decide in which of the three categories of sexually deviant behavior each person who commits a sex crime in the Commonwealth belongs. The three levels range from modest offenses such as lewd and lascivious conduct or indecent exposure to the higher ranges where people who have been convicted of multiple counts, or sexually violent crimes, or who have been determined as sexually dangerous persons or sexual predators. The board also hears appeals from people who believe that they either belong in a different category of sex offenders or who believe they do not belong on the list.

How long do I have to be on the list if I am required to register?

Sexually violent offenders, those who have offended against a child, and those with two or more convictions must register for life. All other sexual offenders must register for 20 years, however, they may petition the Sex Offender Registry Board for relief after 10 years following their last conviction, release from custody, or discharge from community supervision.

Will people in my neighborhood know that I am on the Sex Offender Registry?

Active community notification is conducted by the police departments where the offender resides, works, and where the offense(s) took place on all offenders finally classified a Level 3. The police shall provide information about Level 3 offenders to all schools, daycares, and places where the public is likely to encounter the offender. Additionally, the police shall cause such information to be transmitted through a media outlet such as television, newsprint, etc.

Information about offenders finally classified at Level 2 may be released by the police departments upon written inquiry from any individual 18 years of age or older, who certifies they are requesting the information for their own personal safety or the safety of their family. Individuals may also contact the Sex Offender Registry Board for information related to Level 2 or Level 3 offenders. This request must be made in writing on a form bearing the signature of the requester attesting to the fact that they are 18 years of age or older and the information is requested for their own personal safety or the safety of their family.

Information about those offenders who have finally been classified at Level 1 and those offenders pending classification shall not be released to the public, but may be shared between law enforcement agencies.
What is the penalty for not registering?

Under the law any sex offender who knowingly fails to register or reregister, or who knowingly provides materially false information to the Sex Offender and Crimes Against Minor Registry shall be guilty of a felony.

A first conviction shall be punished by imprisonment for not less than six months and not more than two and one-half years in a house of correction nor more than five years in a state prison or by fine of not more than $1,000.00 or by both such fine and imprisonment.

A second and subsequent conviction shall be punished by imprisonment in the state prison for not less than five years.

What offenses require registration with the board?

Offenses requiring registration with the board include, but may not be limited to:
Indecent assault and battery on a child under 14; indecent assault and battery on a mentally retarded person; indecent assault and battery on a person age 14 or over; rape; rape of a child under 16 with force; rape and abuse of a child; assault with intent to commit rape; assault of a child with intent to commit rape; kidnapping of a child; enticing away a person for prostitution or sexual intercourse; drugging persons for sexual intercourse; inducing a minor into prostitution; living off or sharing earnings of a minor prostitute; second and subsequent adjudication or conviction for open and gross lewdness and lascivious behavior; incestuous marriage or intercourse; disseminating to a minor matter harmful to a minor; posing or exhibiting a child in a state of nudity; dissemination of visual material of a child in a state of nudity or sexual conduct; possession of child pornography; unnatural and lascivious acts with a child under 16; aggravated rape; any attempt to commit any of the aforementioned violations

What can I do if the Registry has informed me that I must register?

If you feel that the registry has placed you in the wrong Level of offender, or if you feel that you do not belong on the registry, and you have a compelling reason why you believe so, you should contact an attorney and begin the appeal process. People have had success in appeals, especially where the crime was committed a number of years ago and there has been no crime committed since, and in cases where the crime that was allegedly committed was pled to prior to the creation of the sex offender registry. We have represented a number of people in appeals before the sex offender registry board, and have had some success.