The court appropriately exercised its discretion in adjudicating defendant a level two offender and in determining that a downward departure from the presumptive risk level was not warranted. The People demonstrated by clear and convincing evidence that defendant, a 35-year-old man at the time of the crime, lured a special education child into a store, where he then proceeded to sodomize and rape her as she pleaded with him to stop. Defendant does not dispute that the Board properly assessed him 10 points for “Use of Violence,” 25 points for “Sexual Contact with Victim,” 20 points for “Age of Victim,” 20 points for “Relationship Between Offender and Victim,” and 10 points for not having accepted responsibility. Defendant’s cumulative score of 85 points placed him above the 75-point threshold for a level two offender. There was no basis for a discretionary downward departure, particularly in light of the seriousness of the underlying sex crime (see People v Lineberger, 81 AD3d 439 [2011]).
Defendant insists that he was entitled to a downward departure based on evidence that he has not reoffended in 12 years. The court, having considered all the facts and circumstances of the case, properly rejected this argument in rendering its decision. SORA was intended to address not only the offender’s likelihood of reoffense, but the threat to the public safety (see Correction Law § 168-Z [5]). Accordingly, even if an offender poses a lesser likelihood of recidivism, no departure is warranted where “the harm would be great” if he did reoffend (see Sex Offender Registration Act: Risk Assessment Guidelines
The court was also correct in rejecting as bases for a downward departure defendant’s age (see People v Harrison, 74 AD3d 688 [2010], lv denied 15 NY3d 711 [2010]), and his “stable lifestyle.” Defendant’s “stable lifestyle” was already taken into account by the risk assessment instrument. Further, defendant committed the crime while at work, an indication that employment did not serve as a deterrent for his criminal behavior.
We have considered and rejected defendant’s additional arguments. Concur — Andrias, J.P., Saxe, Sweeny, Acosta and Manzanet-Daniels, JJ.