In 1994, the petitioner entered a guilty plea as charged in an indictment to first degree aggravated sexual assault of a child, a felony stemming from charges he subjected a 10-year-old relative to sexual contact on several occasions. The court, acting in its discretion under the Code of Criminal Procedure, imposed a deferred adjudication of guilt, suspended imposition of a prison sentence, and placed the petitioner under the maximum 10-year term of community supervision, akin to probation, with 26 terms and conditions, and community service. As a result of the plea, he is required to annually register as a sex offender, for life.
After the petitioner moved to New York, the respondent Board of Examiners of Sex Offenders notified him by letter that he was required to register in New York under the Sex Offender Registration Act based upon that his Texas felony sex offense for which he was required to register as a sex offender in that jurisdiction. Additionally, the respondent Division of Criminal Justice Services notified him by letter that he was also required to register any Internet accounts (with service providers) belonging to him and any e-mail addresses and screen names used by him for Internet chats, social networking or instant messaging. In June 2008, the Board completed a risk level assessment of the petitioner, and made a risk level recommendation to the court in New York County, the county of the petitioner’s residence.