Is a defendant who has been convicted twice of forcible touching a risk factor 9 of the RAI for failing to notify the victim of the crime?

Essentially, a defendant's level of notification needs to be assessed based upon, among other risk factors, having been convicted twice of forcible touching regardless of the victim's age. [ Correction Law section 168-a(2)(c)(iii) ]. And, it follows that defendant's prior conviction of a misdemeanor sex crime is a relevant fact to determine defendant's level of notification while assessing points on risk factor 9 of the RAI.. (See People v. Kraeger , 42 AD3d 944 [4th Dept 2007] holding that a prior conviction of sexual abuse in the third degree a class B misdemeanor, was a misdemeanor sex crime under risk factor 9 despite not requiring registration as a "sex offense" at the time of defendant's conviction.)