Ogdensburg intercourse offender charged with felonies for alleged registration failures | Crime & Regulation
OGDENSBURG – A registered violent sex offender faces three new charges after he was arrested this week on an arrest warrant from the Ogdensburg City Court.
Kenneth P. Fisher, 52, was charged Monday afternoon by city police of failing to register for an annual photo, not registering a change of address within 10 days, and failing to verify an address within 90 days. Failure to comply with government requirements under the Sex Offender Registration Act, including regular screening and address changes, is a criminal offense.
Fisher’s status as a sex offender is based on the rape of an 8-year-old girl in Texas in March 1990. His offenses, as registered in New York with the State Department of Criminal Justice Services, include sexual intercourse, deviant sex, and sexual contact, all of which are actual and more than one-off acts against the victim, who was no stranger to Fischer. After his conviction on June 21, 1990, he was sentenced to 10 years in prison in Texas.
More than 160 registered sex offenders – in addition to sex offenders incarcerated in the penitentiaries of Riverview and Ogdensburg – currently live in the city of Ogdensburg. Excluding those detained or in custody, there are 487 registered sex offenders in St. Lawrence County as of Jan. 5. A total of 42,320, including those detained and in custody, are registered nationwide.
Fisher had previously been jailed in St. Lawrence County in April 2014 for similar indictment failure. After his release from the county jail in December this year, he was charged again with not registering a change of address.
Fisher pleaded guilty to criminally selling a controlled substance in August 2015 for selling methamphetamine in Ogdensburg a year earlier.
At the time of this plea, Fisher was placed on probation, but was later sentenced to one year in prison for violating the probation requirements. The court found that he had changed residence without permission, placed a urine sample on probation that tested positive for alcohol, and failed to come twice to parole.
Based on an assessment by the State Sex Offender Examination Board, a criminal’s risk is rated at one of three levels, typically at the time of conviction for a conviction in one state, during a sex offender registration law hearing, or when transferring from another state.
During a SORA hearing, the risk is – Level 1, low; Level 2, moderate; and level 3, high – is determined by a point system, with points being assessed for different categories. The categories include the use of violence, weapons, alcohol or drugs, the age of the victim, the number of victims, the relationship with the victim or injuries to the victim.
Each level can also have a designation – sexual predator, sexually violent offender, or predicated sex offender. Fisher is a level 3 sexually violent felon and must be registered for life.
Level 1 and 2 offenders must have their picture taken by an assigned law enforcement agency every three years. For level 3 offenders, this photo request is annual. All perpetrators are required to provide a new address in writing within 10 days of the move, and all ISPs, screen names, and email accounts must be reported in annual filings.
Level 3 offenders and offenders labeled as a sexual predator must also personally verify their address with law enforcement agencies every 90 days. However, exceptions are made personally when a criminal is detained or hospitalized. The City of Ogdensburg Police Department, the law enforcement agency Fisher hired based on their place of residence, can also take photos of any level 3 offender who has changed their appearance.
Level 2 and 3 offenders must also provide the address of an employer.
Fisher was released on probation this week.
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