- 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, 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 crimes: MGL
- 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 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 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
Living in Massachusetts and "Secondary
Addresses"
When registering, all sex offenders must now provide all addresses including "Secondary Addresses" where the offender lives. Secondary Addresses are "the addresses of all places where a sex offender lives, abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not a sex offender's primary address; or a place where a sex offender routinely lives, abides, lodges, or resides for a period of 4 or more consecutive or nonconsecutive days in any month and which is not a sex offender's permanent address, including any out-of-state address."
Additionally, if an offender has a permanent address in another state but has a Secondary Address in Massachusetts, the offender must register in Massachusetts.
Sex Offenders
Moving into Massachusetts
All sex offenders must register 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 their current and new address 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 within 2 days of beginning employment.
- A person is working in Massachusetts if he comes into Massachusetts to work at a full-time or part-time job for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether compensated or uncompensated.
Changes of
Work Addresses for All Sex Offenders
Sex offenders must register their current and new work address 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 at least 10 days prior to moving out of the Commonwealth. Sex offenders who committed their sex offenses in Massachusetts, were convicted of sex offenses in Massachusetts courts, and are required to register in Massachusetts, must register as a sex offender in any state the offender takes up residence, works in, or attends school.
Homeless Sex
Offenders
All sex offenders residing at a homeless shelter must verify registration data every 45 days.
Level 3 Sex
Offenders Living in
Nursing Homes
It is a crime for a Level 3 sex offender to "knowingly and willingly" live in any convalescent or nursing home, infirmary maintained in a town, rest home, charitable home for the aged or intermediate care facility for the mentally retarded which meets the requirements of the DPH under G.L. c. 111, § 71. Penalties for committing this crime are as follows:
- First conviction: imprisonment for not more than 30 days in a jail or house of correction;
- Second conviction: imprisonment for not more than 2 ½ years in a jail or house of correction nor more than 5 years in a state prison or by a fine of not more than $1,000, or by both such fine and imprisonment; and
- Third and subsequent conviction: imprisonment in a state prison for not less than 5 years; provided, however, that the sentence imposed for such third or subsequent conviction shall not be reduced to less than 5 years, nor suspended.
Out of
State Sex Offenders Attending Massachusetts
Schools
- Sex offenders residing in locations outside of Massachusetts, who are required to register as sex offenders in the state in which they reside but who are also enrolled in any school in the Commonwealth, must register within 10 days of attending the school.
- All other out of state sex offenders who attend Massachusetts schools must register within 10 days of attending, transferring to, or transferring from the school if the school is an Institution of Higher Learning which is any public or private post secondary educational, vocational, professional or trade institution, college, university, or school.
Penalties for
failure to comply with G.L. c. 6, §§ 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, place of employment, or institution of higher learning; or
- Provide false information.
The penalties for the above-referenced violations are:
- 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; and
- Certain unclassified and Level 1 offenders and all Level 2 and 3 offender shall receive a term of community parole supervision for life in addition to any sentence or fine imposed.
- Second and subsequent conviction: imprisonment in state prison for not less than 5 years
