Long Island's Premier Criminal & DWI Defense Law Firm
Long Island Sex Offender Failure to Register Lawyer (Correction Law 168-f)
Failing to register or verify as a sex offender under New York Correction Law 168-f is a class E felony for a first offense and a class D felony for a second. These charges usually come from missed deadlines: not reporting a new address within 10 days, not returning the annual verification form, or missing an in-person verification. On Long Island, these cases start at the Nassau County First District Court in Hempstead or the Suffolk County First District Court in Central Islip. Richard Hochhauser is a former Nassau County prosecutor who defends registration charges and helps registrants avoid new ones.
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Charged with failing to register?
Call before your first court date. We answer 24/7, and the first consultation is free, in person, by video call or by phone call.
Registration arrests on Long Island
We reviewed two years of arraignment records from the Nassau County and Suffolk County district courts. More than 100 people were charged with sex offender registration violations, about three out of four of them in Nassau County. Two-thirds of the charges were under Correction Law 168-f(4), for not reporting a change such as a new address within 10 days.
Registration deadlines under Correction Law 168-f
| What you must do | Deadline | Section |
|---|---|---|
| Report a change of home address | Within 10 days of moving | 168-f(4) |
| Report other required changes, such as internet accounts and screen names, or employment or enrollment at a college | Within 10 days of the change | 168-f(4) |
| Sign and return the annual address verification form | Within 10 days of receiving it | 168-f(2) |
| Level 3: verify your address in person with local police | Every 90 days | 168-f(3) |
| Have a new photo taken | Level 3: every year. Levels 1 and 2: every 3 years | 168-f(2) |
The code on your paperwork. Court papers often show these charges as “COR 168-F” followed by a subdivision, such as “COR 168-F 04” for a change not reported within 10 days.
Penalties
| Offense | Level | Maximum sentence |
|---|---|---|
| First failure to register or verify (Correction Law 168-t) | Class E felony | Up to 4 years in prison |
| Second or later failure to register or verify | Class D felony | Up to 7 years in prison |
Depending on the facts and your history, some cases can be reduced to a misdemeanor or resolved without prison. A conviction also counts as a new felony, and a registration violation can separately lead to a parole or probation violation.
Defenses we look at
Address
Did you actually move?
Staying with a relative for a few nights, a hospital stay or a short trip may not be a change of address. The meaning of “residence” matters.
Paperwork
Was the form sent and received?
Forms get lost in the mail and records can be wrong. Proof of mailing, a copy of the form or a record of an in-person visit can defeat the charge.
Reportable change
Was it a change you had to report?
Only the changes listed in the law must be reported within 10 days: your address, internet accounts and identifiers, and enrollment, employment or residence at a college. We check whether the change the police cite is one of them.
Timing
Was the deadline counted correctly?
We check the dates on every notice, form and police report. The 10-day windows are strict for both sides.
Getting off the registry or lowering your level
Level 1 registration generally lasts 20 years. Level 2 and level 3 registration is for life, but a level 2 registrant can petition for relief after 30 years. Any registrant can also petition the court, no more than once a year, to lower their level. A lower level means fewer reporting duties and less risk of a new charge. We can review whether a petition makes sense for you.
What to do if you’re charged
- Get current right away. If you missed a filing, correcting it quickly can help your case. Talk to a lawyer first about how to do it.
- Gather your records. Keep copies of forms, mailing receipts, leases and any letters from the Division of Criminal Justice Services.
- Don’t discuss the case with the police without a lawyer.
- Call a lawyer before the first court date. Felony cases have early deadlines, and negotiation before a grand jury can change the outcome.
Prior results do not guarantee a similar outcome.
Sex offender registration charges: frequently asked questions
Is failing to register as a sex offender a felony in New York?
Yes. A first failure to register or verify is a class E felony, and a second or later offense is a class D felony, under Correction Law 168-t.
How long do I have to report a new address in New York?
You must report a change of home address within 10 days of moving under Correction Law 168-f(4). Other required changes, such as new internet accounts, must also be reported within 10 days.
What does “COR 168-F 04” mean on my court papers?
It refers to Correction Law section 168-f, subdivision 4, which requires registrants to report certain changes, including a new address, within 10 days. It is the most common registration charge on Long Island.
What if I mailed my verification form and it was lost?
Proof that you sent the form, such as a mailing receipt or a copy, can be a strong defense. Records kept by the state are not always accurate.
Can a failure to register charge be reduced?
In some cases, yes. Depending on the facts and your history, charges can be reduced to a misdemeanor or resolved without prison, especially when you quickly became current.
Can I get off the sex offender registry in New York?
Level 1 registration generally ends after 20 years. Level 2 registrants can petition for relief after 30 years. Any registrant can petition, no more than once a year, to lower their level.
Talk to a former prosecutor today
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Garden City Office
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Garden City, NY 11530
Phone: (516) 939-1529
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