SORA Imposed a Notification and Registration Requirements on Individuals Convicted of Certain Sex Offences

In Matter of Nadel (188 Misc 2d 427 [Sup Ct, NY County 2001]), Justice Richter applied the essential elements test to find that the age of the minor set forth in respective federal statutes (18) and state statute (16) to be essential elements of the definition of the crime, and found that because the federal statute criminalized attempted possession of images of children under 18 years of age, and the New York statute criminalized attempted possession of images of children under 16 years of age, Nadel's conviction under federal law did not require SORA registration. While the result in Nadel, based on the facts in the record and available to the Nadel court, may not have required Mr. Nadel to register, this court does not concur with the reasoning and conclusions of the Nadel court as to how to construe the term "essential elements" under SORA and how to apply such standard to Mr. Millan. SORA (Correction Law art 6-C, 168-a--168-v) became effective on January 21, 1996. It imposed a notification and registration requirement on individuals convicted of certain sex offenses. Such individuals are to be classified into one of three levels which level then triggers a particular mode of community notification. SORA followed the adoption of similar laws in New Jersey and elsewhere, sometimes called Megan's Laws, in remembrance of Megan Kanka, a young girl who was murdered by a felon who had been convicted of a sexual felony, served his time and who, after his release, resided in the victim's neighborhood.