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Lynn Police Dept - 300 Washington Street Lynn, Massachusetts 01902

Sex Offenders

FOR AN UP TO DATE SEX OFFENDER REGISTRY LIST CLICK HERE


What is a sex offender?

A sex offender is any person who resides or works in the Commonwealth and who has been convicted of a sex offense, or who has been adjudicated as a youthful offender or as a delinquent juvenile by reason of a sex offense, or a person released from incarceration or parole or probation supervision or custody with the department of youth services for such a conviction or adjudication, or a person who has been adjudicated a sexually dangerous person or a person released from civil commitment on or after August 1, 1981.

Sex offenders will be classified according to the degree of dangerousness they pose to the public and their likelihood for re-offense. An offender’s classification will be:

  • a  Level 1 or “low risk” offender,
  • a  Level 2 or “moderate risk” offender, or
  • a  Level 3 or “high risk” offender.

In addition, if the Board, in finally giving an offender a Level 3 classification, also concludes that such sex offender should be designated a Sexually Violent Predator, the Board shall transmit a report to the sentencing court explaining the Board’s reasons for so recommending, including specific identification of the sexually violent offense committed by such sex offender and the mental abnormality from which he suffers. The sentencing court shall then have the ultimate decision to determine whether such sex offender is a sexually violent predator.


 

 Levels of Sex Offenders

 

There are 4 Levels of Sex Offenders

  • Level I
  • Level II
  • Level III
  • Sexually Violent Predator

 

Level 1 Sex Offenders

Where the Sex Offender Registry Board determines that the risk of re-offense by an offender is low and the degree of dangerousness posed to the public by that offender is not such that a public safety interest is served by public availability, the Board shall give that offender a Level 1 designation.

Information on Level 1 offenders will not be available to the public. Neither the police nor the Board have authority to disseminate information to the general public identifying a Level 1 offender.

Information identifying Level 1 offenders may only be given to the department of correction, any county correctional facility, the department of youth services, the department of social services, the parole Board, the department of probation and the department of mental health, all city and town police departments and the Federal Bureau of Investigation for law enforcement purposes.

Level 2 Sex Offenders

Where the Board determines that the risk of re-offense is moderate and the degree of dangerousness posed to the public is such that a public safety interest is served by public availability of registration information, it shall give a level 2 designation to the sex offender.

The public shall have access to the information regarding a level 2 offender through the Local Police Departments and through the Sex Offender Registry Board.

Level 3 Sex Offenders

Where the Board determines that the risk of re-offense is high and the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active dissemination, it shall give a level 3 designation to the sex offender.

The public shall have access to the information regarding a level 3 offender through the Local Police Departments and through the Sex Offender Registry Board.

Sexually Violent Predators

If the Board, in finally giving an offender a level 3 classification, also concludes that such sex offender should be designated a sexually violent predator, the Board shall transmit a report to the sentencing court explaining the Board’s reasons for so recommending, including specific identification of the sexually violent offense committed by such sex offender and the mental abnormality from which he suffers. The sentencing court at that point may determine by a preponderance of the evidence, whether such sex offender is a Sexually Violent Predator.

The public shall have access to the information regarding a Sexually Violent Predator through the Local Police Departments and through the Sex Offender Registry Board.


~ Notice to classified sex offender ~

Chapter 6: Section 178H. Failure to register, verify information or provide notice of change of address; providing false information; penalties

Section 178H.

(a) A sex offender required to register pursuant to this chapter who knowingly:

(i) fails to register;

(ii) fails to verify registration information;

(iii) fails to provide notice of a change of address; or (iv) who knowingly provides false information shall be punished in accordance with this section.

  1.  A first conviction under this subsection shall be punished by imprisonment for not less than six months and not more than two and one-half years in a house of correction nor more than five years in a state prison or by a fine of not more than $1,000 or by both such fine and imprisonment.A person convicted under this paragraph, who has been adjudicated or convicted of any of the offenses set forth in sections 13B, 13F, 22A, 23, 24B and 26 of chapter 265 or for conspiracy to commit any of these offenses, or as an accessory thereto, or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority shall, in addition to the term of imprisonment authorized by this section, be punished by a term of community parole supervision for life, to be served under the jurisdiction of the parole board, as set forth in section 133D of said chapter 127. The sentence of community parole supervision for life shall commence immediately upon the expiration of the term of imprisonment imposed upon such person by the court or upon such person’s release from probation or parole supervision or upon the expiration of a continuance without a finding or upon discharge from commitment to the treatment center pursuant to section 9 of chapter 123A, whichever first occurs.
  2.  A second and subsequent conviction under this subsection shall be punished by imprisonment in the state prison for not less than five years.Any person convicted under this paragraph who is a level 2 or level 3 offender shall, in addition to the term of imprisonment authorized by this paragraph, be punished by a term of community parole supervision for life, to be served under the jurisdiction of the parole board, as set forth in said section 133D of said chapter 127. The sentence of community parole supervision for life shall commence immediately upon the expiration of the term of imprisonment imposed upon such person by the court or upon such person’s release from probation or parole supervision or upon the expiration of a continuance without a finding or upon discharge from commitment to the treatment center pursuant to section 9 of chapter 123A, whichever first occurs.
  3.  Any person convicted under this subsection who is a level 2 or level 3 sex offender shall, in addition to the term of imprisonment authorized by this subsection, be subject to community parole supervision for life, to be served under the jurisdiction of the parole board, as set forth in section 133D of chapter 127. The sentence of community parole supervision for life shall commence immediately upon the expiration of the term of imprisonment imposed upon such person by the court or upon such person’s release from any post-release supervision or upon the expiration of a continuance without a finding or upon discharge from commitment to the treatment center under section 9 of chapter 123, whichever first occurs.

(b) Violations of this section may be prosecuted and punished in any county where the offender knowingly: (i) fails to register; (ii) fails to verify registration information; (iii) fails to provide notice of a change of address; or (iv) knowingly provides false information.

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