Who Has To Register As A Massachusetts Sex Offender?
Pursuant to Chapter 6, section 178C of the Massachusetts General Laws, a person is required to register as a sex offender in Massachusetts if he or she lives, works , or is enrolled as a student in an institution of higher learning 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;
- or is required to register as a sex offender in another state.
For one or more of the following offenses:
- 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 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 a child under the age of 16 for the purposes of committing a crime;
- 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 Indecent Assault and Battery on a Child under 14 (G.L. c.265, s.13B1/2) and a repeat offense (G.L. c.265, s.13B3/4)
- aggravated Rape of a Child under 16 with Force (G.L. c.265, s.22B) and repeat offense (G.L. c.265, s.22C)
- aggravated Rape and Abuse of a Child (G.L. c.265, s.23A) and repeat offense (G.L. c.265, s.23B)
- 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.
The Sex Offender Registry Law also requires registration for any person who committed a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority. The law does not define the phrase, “like violation,” but recent cases argued by Attorney Andrew Crouch have helped clarify this often confusing procedure for individuals who have out-of-state offenses.
If you are facing a classification proceeding or are already a registered offender who wants assistance in reviewing or challenging his or her classification, or to request further information, please contact Attorney Crouch at (617) 441-5111 or email him to set up a free, initial consultation. To request further information please contact us.