Brad Bailey Boston Criminal Defense Attorney
with a National Reputation for Excellence

The sex offender registration statute imposes different registration requirements on sex offenders depending on their circumstances and their classification level. For example, a sex offender moving into Massachusetts must initially register with the Sex Offender Registry Board on a Board-approved form within 2 days, providing all the information required by that form and signing under the penalties of perjury, while a sex offender moving out of Massachusetts need only "notify" the Board of his or her change of status within 10 days. Level 2 or 3 offenders must appear at the police department in the community where they live to verify their registration data or to notify the Board of certain changes in their status.

It is a crime for a person who is a designated sex offender to knowingly:

1. Fail to register with the Sex Offender Registry.
2. Fail to verify information with the Sex Offender Registry.
3. Provide notice of a change of address to the Sex Offender Registry.
4. Fail to notify the Sex Offender Registry about employment and/or school enrollment status.
5. Provide false information to the Sex Offender Registry.

To prove that the defendant committed this offense, the Commonwealth must prove beyond a reasonable doubt each of the following four elements:

First: that the defendant either

1. Resided or intended to reside in Massachusetts.
2. Worked or intended to work in Massachusetts.
3. Worked or intended to work at an institution of higher learning in Massachusetts.
4. Attended or intended to attend an institution of higher learning in Massachusetts.

Second: that the defendant was either previously

1. Convicted of a sexual offense.
2. Adjudicated as a youthful offender of a sexual offense.
3. Adjudicated a delinquent juvenile by reason of a sexual offense.
4. Released from incarceration or parole or probation supervision, or custody with the Department of Youth Services, for a conviction or adjudication of a sexual offense.
5. Adjudicated a sexually dangerous person on or after August 1, 1981. Released from commitment as a sexually dangerous person on or after August 1, 1981.

Third: that the defendant knew they were required to either:

1. Register with the Sex Offender Registry Board.
2. Verify registration data with the Sex Offender Registry Board.
3. Provide notice of a change of address to the Sex Offender Registry Board.
4. Provide correct information to the Sex Offender Registry Board.

Fourth: that the defendant failed to either;

1. Register with the Sex Offender Registry Board.
2. Verify registration data with the Sex Offender Registry Board.
3. Provide notice of a change of address to the Sex Offender Registry Board.
4. Provide correct information to the Sex Offender Registry Board.