Level 3 Sex Offenders Living in Nursing Homes a Crime in Massachusetts:
It is a crime for a Level 3 sex offender to "knowingly and willingly" live in any convalescent or nursing home, infirmary maintained in a town, rest home, charitable home for the aged or intermediate care facility for the mentally retarded which meets the requirements of the DPH under G.L. c. 111, § 71. Penalties for committing this crime are as follows:- First conviction: imprisonment for not more than 30 days in a jail or house of correction;
- Second conviction: imprisonment for not more than 2 ½ years in a jail or house of correction nor more than 5 years in a state prison or by a fine of not more than $1,000, or by both such fine and imprisonment; and
- Third and subsequent conviction: imprisonment in a state prison for not less than 5 years; provided, however, that the sentence imposed for such third or subsequent conviction shall not be reduced to less than 5 years, nor suspended.
Source: Massachusetts
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