Mark H. Dewine was arrested for sex crimes in Wyoming, his home state after he had inappropriate sexual contact with one child under the age of 11 and another under the age of 14. Mr. Dewine was arrested in Wyoming and served his incarceration in that state. Upon his release, he was placed on active parole in the state of Wyoming. At the time that Mr. Dewine was on probation in Wyoming, New York passed the Sex Offender Registration Act known as SORA
On January 21, 1996, the Sex Offender Registration Act went into effect in New York. The Sex Offender Registration Act requires that persons convicted of certain crimes that are sexually motivated must register with the state. The Sex Offender Registration Act applies to all sex offenders in the state of New York who were incarcerated, on parole, or on probation at the time that the law became effective.
Mr. Dewine completed his probation and moved to New York. Once in New York, he was advised that he would be required to register under the Sex Offender Registration Act. Mr. Dewine appealed. The decision to require Mr. Dewine to register was reversed. The State of New York Board of Examiners of Sex Offender then appealed the decision.
The following Honorable Justices heard the appeal of the state: CENTRA, J.P., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ. The State Board of Examiners of Sex Offenders stated that it was unfair to the citizens of New York to allow Mr. Dewine to live in the state of New York without registering just because his crimes were committed in Wyoming. Eric Schneiderman, Attorney General, Albany argued for the state.
The question was raised that if Mr. Dewine had been living in the state of New York that there would not be any discussion about whether or not he should be required to register as a sex offender. Mr. Schneiderman argued that the intent of the Sex Offender Registration Act was to protect the citizens of New York by notifying them of registered sex offenders in their neighborhoods. He argued that it defeated the purpose of the Sex Offender Registration Act to allow sex offenders from other states to avoid registration laws in their own states by relocating to New York and not being required to register as a sex offender.
The state argued that there was no debate that Mr. Dewine was on probation or parole at the time that the Sex Offender Registration Act went in to effect. Therefore, it should not be debated that he should not have to register. Mr. Dewine is now a resident of New York and as such is required to register as a sex offender in New York even if his crimes were committed in Wyoming.
Mr. Dewine argued that the Sex Offender Registration Act states that its scope is limited to individuals who were incarcerated, on parole, or on probation in New York at the time that it was passed.
The Honorable Justices disagreed with Mr. Dewine and overturned the original decision that he should not have to register and stated that he did in fact, have to register. They stated that the Sex Offender Registration Act is a “remedial statute” so it must be interpreted loosely. The intent of the Sex Offender Registration Act to register sex offenders residing in the state of New York and it must apply as well to those sex offenders who choose to relocate to New York even if they have completed their probation or parole before relocating to New York. The Honorable Justices stated that to allow Mr. Dewine to not register would lead to consequences beyond the control of the state. It would enable sex offenders to relocate to New York to avoid the registration laws in their own states and endangering the citizens of New York.
Here at Steven Bilkis and Associates, we provide New York Sex Abuse Lawyers, New York Child Pornography Lawyers, New York Sex Crime Lawyers and New York Sex with Minor Defense Lawyers. Being arrested and having your freedom taken away from you can be devastating. New York Rape Attorneys will stand by you and ensure that your rights are protected. New York Sex Crime Attorneys can argue your side and make sure that you and your loved ones are considered. We make sure that you are not wrongfully charged or convicted of any crime.
Stephen Bilkis & Associates with its New York Rape Lawyers has convenient offices throughout the New York Metropolitan area including Corona, New York. Our New York Sex Abuse Attorneys can provide you with advice to guide you through difficult situations. Without a New York Sex Crime Attorney you could lose your freedom even if the state has not adequately made its case. In addition to Sex Crime Law, Stephen Bilkis and Associates can recommend New York Personal Injury Lawyers who will help you.