On September 10

On September 10, 1999, a new law pertaining to the Sex Offender Registry and Community Notification Act became effective in Massachusetts. The new law revamped the old Sex Offender Registry and Community Notification Act and made several significant changes. These changes are as follows:

Who Has To Register

RECENT COURT DECISION

The information contained below sets forth a person’s registration requirements under the law. Please be advised, however, that on November 5, 1999, a Superior Court judge issued a court order that prohibits the Sex Offender Registry Board from requiring an offender to register until the Board offers him/her the opportunity for a hearing to determine whether he/she poses a current danger to children or other vulnerable persons.

The Sex Offender Registry Board has appealed this decision to the Massachusetts Supreme Judicial Court (SJC). In the meantime, the Board is in the process of contacting offenders to offer evidentiary hearings to determine registration obligations and final classification decisions. While the SJC decision is pending, offenders are not required to register until they have been offered the opportunity for a hearing. Please note that although an offender is not required to register or comply with the law’s requirements as set forth below, an offender may do so voluntarily to ensure that the Board has an up-to-date address to mail a hearing notice.

Pursuant to Chapter 6, section 178C of the Massachusetts General Laws, a person is required to register as a sex offender if he/she lives or works in the Commonwealth and was:
- convicted on or after August 1, 1981;
- adjudicated a delinquent juvenile on or after August 1, 1981;
- adjudicated a youthful offender on or after August 1, 1981;
- released from incarceration on or after August 1, 1981;
- released from parole or probation supervision on or after August 1, 1981;
- released from the Department of Youth Services on or after August 1, 1981;
- adjudicated a sexually dangerous person on or after August 1, 1981; or
- released from civil commitment on or after August 1, 1981.

For one or more of the following crimes:
- 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 conviction for open and gross lewdness and lascivious behavior, but excluding a first or single adjudication as a delinquent juvenile before August 1, 1992;
- 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; and
- any attempt to commit a violation of any of the aforementioned sections pursuant to section 6 of said chapter 274 or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority.

Sex Offenders Moving into Massachusetts

All sex offenders must register with the Board by mail within 2 days of moving into the Commonwealth from another jurisdiction

Sex Offenders Moving within Massachusetts from One Address to Another

All sex offenders must register by notifying the Board of their current and new address by mail at least 10 days prior to:

Moving to a different city or town in the Commonwealth; or
Moving within the same city or town in the Commonwealth.

Out of State Sex Offenders Working in Massachusetts

Sex offenders residing in locations outside of Massachusetts, but who are employed in the Commonwealth, must register with the Board by mail within 2 days of beginning employment.

Changes of Work Addresses for All Sex Offenders

Sex offenders must register by notifying the Board of their current and new work address by mail at least 10 days prior to changing a place of employment.

Sex Offenders Moving Out of Massachusetts

Sex offenders must notify the Board of their new address by mail at least 10 days prior to moving out of the Commonwealth.

Homeless Sex Offenders

All sex offenders residing at a homeless shelter must verify registration data every 90 days by mail to the Board. The penalties for failure to register, verify registration information, provide notice of change of address or employment, or provide false information are:

First conviction: imprisonment for not more than 30 days in a house of correction;
Second conviction: imprisonment for not more than 2 1/2 years in a house of correction nor more than 5 years in a state prison or by a fine of not more than $1,000, or both;
Third and Subsequent conviction: imprisonment in state prison for not less than 5 years.

Penalties for failure to comply with G.L. c. 6, 壯 178C to 178P

Sex offenders will be prosecuted for violating the law if they knowingly:

Fail to register;
Fail to verify registration information;
Fail to provide notice of change of address or place of employment; or
Provide false information.

The penalties for the above-referenced violations are:

First conviction: imprisonment for not less than 6 months and not more than 2 1/2 years in a house of correction nor more than 5 years in state prison or by a fine of not more than $1,000 or by both.
Second and subsequent conviction: imprisonment in state prison for not less than 5 years.

Duty to Verify Your Registration Information

Sex offenders are required to verify that their registration information is accurate and up-to-date. Until further notice, they must annually verify their registration data, by mail, to the Board.

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