Narrative Opinion Summary
In the case of *People v. Skipper*, the Appellate Division of the Supreme Court of New York reviewed the classification of Jason Skipper as a level three sex offender under the Sex Offender Registration Act (SORA). Skipper had pleaded guilty to attempted rape in the first degree and endangering the welfare of a child. Initially designated as a level two offender, the Supreme Court of Kings County granted an upward departure to a level three designation following the Board of Examiners of Sex Offenders' recommendation. The court justified the upward departure based on aggravating factors indicating a higher risk of reoffense than evaluated by the standard risk assessment. Specifically, Skipper's prior conviction for attempted robbery, characterized by its brutality, was determined to be inadequately reflected in the risk assessment guidelines. The People met the burden of proving these aggravating factors by clear and convincing evidence. Consequently, the court affirmed the level three designation, finding it more accurately represented Skipper's danger to the community. This decision underscores the requirement for courts to consider both the risk assessment and any additional factors indicating an offender's potential threat to public safety.
Legal Issues Addressed
Burden of Proof for Aggravating Factorssubscribe to see similar legal issues
Application: The People successfully demonstrated aggravating factors warranting an upward departure by clear and convincing evidence, as required to justify an increased risk level designation.
Reasoning: The court noted that the People must demonstrate such aggravating factors by clear and convincing evidence, which, if established, allows the SORA court to adjust the risk level based on the offender's actual risk to the public.
Consideration of Prior Convictions in Risk Assessmentsubscribe to see similar legal issues
Application: The court found that Skipper's prior conviction for attempted robbery, due to its severity, constituted a valid aggravating factor justifying an upward departure from the presumptive risk level.
Reasoning: The evidence presented showed that the prior felony was particularly brutal, justifying the upward departure.
Upward Departure in Sex Offender Risk Levelsubscribe to see similar legal issues
Application: The court permitted an upward departure from the presumptive risk level two to level three based on the presence of aggravating factors not accounted for by the risk assessment guidelines.
Reasoning: An upward departure is permissible when there are aggravating factors that indicate a higher likelihood of reoffense or danger to the community than reflected in the risk assessment.