Jailed Oakfield man admits to sexual contact with 16-year old boy

Anthony Nicosia Jr., of Oakfield, agreed to a plea deal in Genesee County Court today, admitting that he twice had sexual contact with a 16-year-old boy last spring in the Town of Oakfield.

The 55-year old Nicosia pleaded guilty to two felony counts of third-degree Criminal Sexual Act. Under terms of the deal, two counts of Forcible Touching and one count of Endangering the Welfare of a Child were dropped.

Nicosia has no prior felony convictions affecting this sentence. He faces up to eight years in prison on consecutive four-year sentences stemming from the charges, up to 10 years probation and must register as a sex offender.

An order of protection was logged for the 16-year-old victim. Nicosia remains imprisoned until his Nov. 23 sentencing. Bail is $15,000 cash or $30,000 bond.

UPDATE: I spoke with Judge Robert Noonan to get a definitive answer on the sex offender registration issue. Noonan says he almost always imposes fees -- like sex offender registry fees or DNA Databank fees -- at sentencing, in case the legal organizations that follow sentencing need to administer or re-administer those services.

For example, if a defendant has already contributed to the DNA Databank due to a prior conviction, that defendant will not need to go through the DNA Databank process again. The State Department of Corrections is later authorized to waive the DNA Databank fee imposed at sentencing.

So, Judge Noonan told Nicosia yesterday that he may impose the Sex Offender Registration fee at sentencing. Noonan says the fee may be required to reclassify sex offenders to a higher level. However (upon closer examination), Nicosia is a Level 3 Sex Offender, the highest level possible. Therefore, he cannot be reclassified to any higher level. So, even if the judge imposes the registration fee at sentencing, it would likely be waived later by the Department of Corrections.