CONVCTION OF ASSAULT FIRST DEGREE AS A SEXUALLY MOTIVATED OFFENSE DOES NOT REQUIRE REGISTRATION AS A SEX OFFENDER PURSUANT TO THE SEX OFFENDER REGISTRATION ACT (SORA) (FIRST DEPT). ​

The First Department, in a full-fledged opinion by Justice Kern, reversing Supreme Court, agreeing with the Second Department in a matter of first impression, determined conviction of assault in the first degree as a sexually motivated felony does not require registration as a sexual offender pursuant to the Sex Offender Registration Act (SORA):

The main issue on appeal is whether defendant was properly certified and required to register as a sex offender under the Sex Offender Registration Act (SORA) based on his conviction of assault in the first degree as a sexually motivated felony. We find that the certification was improper and therefore vacate that part of the judgment. * * *

The question before us now is whether the definition of “sex offense” under Correction Law § 168-a(2)(a) includes all the sexually motivated felony offenses listed in Penal Law § 130.91 or only those sexually motivated felony offenses that are based on offenses listed in subparagraphs (i) and (ii) of Correction Law §168-a(2)(a). Based on the clear and unambiguous text of Correction Law § 168-a(2)(a), we find that the only sexually motivated felony offenses that are included in the definition of “sex offense,” and therefore registerable under SORA, are those based on offenses listed in subparagraphs (i) and (ii) of that provision. …

We find that, based on the clear and unambiguous text of Correction Law § 168-a (2)(a), first-degree assault as a sexually motivated felony is not a registerable offense under SORA because first-degree assault is not one of the enumerated offenses in subparagraphs (i) or (ii) of that provision. People v Simmons, 2022 NY Slip Op 00284, First Dept 1-18-22