New Jersey enacted Megan’s Law to track the whereabouts of convicted sex offenders and to inform members of the public about the presence of sex offenders in their community. The law requires people who have been convicted of a sex offense to register with the state, establishing their identity as a sex offender in a database available to the public.
The New Jersey criminal defense attorneys at the Law Offices of Jonathan F. Marshall have decades of experience dealing with an array of Megan’s Law-related issues, including failure to register, tier classification, and removal from sex offender registration. We have defended many clients charged with Megan’s-eligible sex crimes.
Who Must Register as a Sex Offender in New Jersey?
In most cases, individuals required to register as sex offenders in New Jersey have been convicted of an indictable sex offense, such as:
- Sexual Assault (Rape)
- Statutory Rape
- Aggravated Criminal Sexual Contact
- Endangering the Welfare of a Child (Sexual Contact with a Minor)
- Distribution or Production of Child Pornography
- Criminal Sexual Contact with a Minor
- Luring or Enticing a Minor
- Kidnapping of a minor and the individual is not a parent
- Criminal Restraint of a minor and the individual is not a parent
- False Imprisonment of a minor and the individual is not a parent
An individual convicted of a sex offense in another state that requires registration must register in New Jersey if they plan to attend a secondary school or be employed in New Jersey for more than 14 consecutive days or for at least 30 days in a calendar year.
A person also may be subject to the New Jersey sex offender registry requirements after a conviction, adjudication of delinquency, or acquittal by reason of insanity for an offense similar to any of the offenses listed above. These terms mean:
- Conviction: A conviction means you have been found guilty of a crime as an adult.
- Adjudication of delinquency: This is the ruling when a juvenile is found to have committed a crime. A juvenile is adjudicated delinquent.
- Acquittal by reason of insanity: Individuals who are insane are not capable of committing crimes. If, at the time of committing a criminal offense, the defendant was insane, they cannot be held responsible. A verdict of not guilty by reason of insanity does not necessarily mean that the defendant will be freed or that the individual will be indefinitely committed to a mental institution. After a verdict, the court must conduct a further hearing and determine whether the defendant poses a danger to the community or to himself/herself and what appropriate restrictions need to be placed on the defendant, such as registration as a sex offender.
Megan’s Law also established a tier classification of sex offenders. The tier classification in NJ is based on the perceived risk of the individual committing another sex offense:
- Tier I. This is for those at the lowest risk of re-offending. Typically, someone in Tier I will be required to register with the local police department.
- Tier II. This is for a moderate risk of re-offense. The individual will be required to register with the local police department and may be required to notify organizations in the community, such as schools and youth organizations. They may be included in the sex offender internet registry.
- Tier III. This is the highest risk of re-offense. Individuals are subject to registration with New Jersey’s Sex Offender Internet Registry and all notification requirements discussed above. They may also be subjected to electronic monitoring.
A person classified as a Tier II sex offender may be added to the internet registry if they exhibit a pattern of repetitive, compulsive behavior or the court finds reason to order it.
Registering as a Sex Offender in New Jersey
In most cases, registering as a sex offender requires visiting the police department of the town where the registrant will be living and completing forms intended to ensure that local law enforcement can account for their whereabouts.
Once registered as a sex offender, the individual must report to the local police department once a year and verify their address. If there is a change of address, the individual must report it to the local police department within 10 days.
Failure to register as a sex offender, to verify your address annually, or to register after changing addresses is a third-degree offense in New Jersey, punishable by 3 to 5 years in prison and a fine of up to $15,000. Keep in mind that prosecutors take a hard line in failure-to-register cases.
If you have been charged with failure to register, you will need an experienced criminal defense attorney standing up for your rights. The Law Offices of Jonathan F. Marshall has seasoned attorneys with a thorough understanding of the sex offender registration requirements in NJ. Our attorneys have as much experience in criminal defense as any firm in New Jersey.
Duration of Registration as a Sex Offender in New Jersey
An individual’s inclusion on the sex offender registry in New Jersey is typically for life. It is possible to apply for removal after 15 years if the individual:
- Has had only one conviction for a sex offense falling under Megan’s Law, which was not Aggravated Sexual Assault
- Has not been convicted of another criminal offense of any kind
- Can present evidence from a credible psycho-sexual expert indicating that their risk of re-offending is low.
How Registering as a Sex Offender Impacts Your Daily Life
When sex offenders are released from incarceration, they find that their identity as a convicted sex offender follows them wherever they go.
Names on the New Jersey Sex Offender Internet Registry and individuals’ criminal records are available to the public. Employers, landlords, loan officers, school admissions officers, and others who run background checks can find a convicted sex offender’s record with just a few clicks of a computer’s mouse. For most people, few things are more off-putting than finding out that someone they are considering a relationship with is a convicted sex offender.
Individuals convicted of sex crimes can easily lose custodial rights during divorce and child custody hearings. State law (N.J.S.A. § 9:2-4.1(a) and (b)) says that any person convicted of sexual assault or criminal sexual contact cannot be awarded custody or visitation rights to any minor child, “except upon a showing by clear and convincing evidence that it is in the best interest of the child for custody or visitation rights to be awarded.”
Research also suggests that families of sex offenders face challenges related to employment and housing while the offender is imprisoned.
Legal Options and Defense Strategies
If you have completed a New Jersey sentence for a sex crime and face registration as a sex offender or are on the sex offender registry, The Law Offices of Jonathan F. Marshall may be able to help you.
We may be able to:
- Appeal a tier classification, which establishes the level of community notification triggered by Megan’s Law.
- Seek reclassification under Megan’s Law if you believe you were wrongly included on the sex offender registry.
- Defend you against failure-to-register charges or charges of failing to reverify your address or a change of address.
- Seek removal from the sex offender registry.
It is crucial to seek legal counsel if you are to succeed in matters regarding Megan’s Law registration, appeals, or removal petitions. The Law Offices of Jonathan F. Marshall is a powerhouse criminal defense firm with unquestionably exceptional qualifications:
- A team of 15 attorneys that limit their practices to criminal defense across New Jersey
- Over 200 years of combined experience successfully defending clients accused of a violation of Megan’s Law and/or associated sex crimes
- Former County Prosecutors who have served at the highest levels, including Director of the Sex Crimes Unit and in other key roles.
Contact Our New Jersey Megan’s Law Defense Attorneys
Our New Jersey Megan’s Law attorneys have considerable experience in helping offenders avoid the pitfalls of sex offender registration as they try to ease back into society. To speak to a lawyer on our team with decades of experience handling Megan’s Law cases, reach out online or at (856) 565-3635 from anywhere in New Jersey 24/7. Initial consultations are always free.
