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Federal Sex Offender Must Register in New York
In 2004, Todd North, a federal prisoner, pleaded guilty to possession of child pornography in federal district court after being caught with images of children between ages 7 and 17 engaged in sex acts. He was sentenced to 24 days of electronic monitoring and 5 years probation. Based on 2002 amendments to New York's Correction Law § 168-a, et seq, the New York Board of Examiners of Sex Offenders (Board) required North to register as a sex offender. He sought relief in state court. The trial court dismissed, and North appealed.
The Court of Appeals recognized that the federal statute under which North was convicted criminalized possession by an adult of images of those under 13 years of age engaged in sex acts, while state law criminalized possession of photos involving children under 16 years of age. Even so, the Court held that the federal statute was sufficiently similar to state sex offense law for the Board to require North to register as a sex offender, pursuant to the law’s “essential elements” provision. See: North v. Board of Examiners of Sex Offenders of the State of New York, 8 N.Y.3d 745, 871 N.E.2d 1133
(N.Y. 2007).
The Court of Appeals recognized that the federal statute under which North was convicted criminalized possession by an adult of images of those under 13 years of age engaged in sex acts, while state law criminalized possession of photos involving children under 16 years of age. Even so, the Court held that the federal statute was sufficiently similar to state sex offense law for the Board to require North to register as a sex offender, pursuant to the law’s “essential elements” provision. See: North v. Board of Examiners of Sex Offenders of the State of New York, 8 N.Y.3d 745, 871 N.E.2d 1133
(N.Y. 2007).
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Related legal case
North v. Board of Examiners of Sex Offenders of the State of New York
| Year | 2007 |
|---|---|
| Cite | 8 N.Y.3d 745, 871 N.E.2d 1133 (N.Y. 2007) |
| Level | State Court of Appeals |
| Injunction Status | N/A |