Summary
This Appellate Division, First Department decision reviews a lower court's dismissal of a Sex Offender Registration Act (SORA) proceeding against Royce Corley. The court reversed the dismissal, holding that Corley's federal conviction for possession of child pornography qualifies as a registrable sex offense under New York Correction Law § 168-a(2)(d)(iii). The court concluded that a 2008 amendment to the federal statute did not materially redefine the crime, thus preserving its status as a predicate offense for SORA registration. The matter was remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether a federal conviction for possession of child pornography under 18 U.S.C. §2252A is a registrable sex offense under New York Correction Law §168‑a(2)(d)(iii).
Holdings
- The conviction is a registrable sex offense; the appellate division reversed the dismissal and remanded for further proceedings.
Key quotations
“Correction Law § 168-a(2)(d)(iii), effective March 11, 2002, states "a 'sex offense' means: . . . a conviction of . . . any of the provisions of . . . 18 U.S.C. 2252A . . ., provided that the elements of such crime of conviction are substantially the same as those which are a part of such offense as of the date on which this subparagraph takes effect."”
Factual background
The defendant had a federal conviction for possession of child pornography under 18 U.S.C. §2252A. The issue was whether that conviction constitutes a registrable sex offense under New York's Sex Offender Registration Act.
Procedural history
The Supreme Court, New York County entered an order on September 16, 2022 granting the defendant's motion to dismiss the Sex Offender Registration Act proceeding. The People appealed; the Appellate Division reversed the dismissal and remanded for further proceedings.
Remand instructions
The matter is remanded for further proceedings consistent with the holding that the conviction is a registrable sex offense.