New Jersey was the first state to require certain sex offenders to register with the police and based on that registration a tier system of community notification about the offender’s residence was created. N.J.S.A. 2C:7-2 is the law which sets forth who must register as a sex offender. In part, it states:

A person who fails to register as required under this act shall be guilty of a crime of the third degree.

b. For the purposes of this act a sex offense shall include the following:

(1) Aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1 or an attempt to commit any of these crimes if the court found that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior, regardless of the date of the commission of the offense or the date of conviction;

(2) A conviction, adjudication of delinquency, or acquittal by reason of insanity for aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the welfare of a child pursuant to paragraph (3) or (4) or subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); criminal sexual contact pursuant to N.J.S.2C:14-3b. if the victim is a minor; kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b. of N.J.S.2C:34-1; or an attempt to commit any of these enumerated offenses if the conviction, adjudication of delinquency or acquittal by reason of insanity is entered on or after the effective date of this act or the offender is serving a sentence of incarceration, probation, parole or other form of community supervision as a result of the offense or is confined following acquittal by reason of insanity or as a result of civil commitment on the effective date of this act;

In summary, the law provides that anyone convicted of the following crimes must register: aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping; criminal restraint or false imprisonment in connection with a sexual assault; endangering the welfare of a child by engaging in sexual conduct that would impair or debauch the morals of a child and luring or enticing.

Classification

Typically, registration takes place after the offender is released from prison or sentenced to probation by the court. However, if you move to New Jersey from another state in which you have been convicted of an equivalent offense which would require you to register in New Jersey then you have ten days from moving into New Jersey to register. Failure to register is itself a third degree crime (felony).

However, in the more typical scenario the County Prosecutor’s Office serves the offender with notice that he or she must register. The County Prosecutor’s Office determines what classification the offender will be placed into. In order to make that determination, the County Prosecutor’s Office uses a Registrant Risk Assessment form. This form has a point system that basically gives different points for the type of offense and the offender’s personal history such as substance abuse, support system and employment/educational stability.

Tier Classification

Megan’s Law has three tiers which go from the lowest risk offenders (Tier I) to the highest risk offenders (Tier III).

Tier I- notification is limited to law enforcement agencies the person is likely to encounter which typically is where he lives.

Tier II- notification is made not only to law enforcement but to community organizations, and groups likely to come into contact with the individual. Local schools, day care centers and licensed day camps are also notified. Offenders in this tier may be placed on the New Jersey

Sex Offender Internet Registry which is a site run by the New Jersey State Police and has the person’s criminal history, mug shot and town of residence listed.

Tier III- notification includes all the organizations and groups for Tier II and placement on the New Jersey Sex Offender Internet Registry.

Challenging the Tier Classification

The County Prosecutor’s Office sends an offender notice of their classification and the Registrant Risk Assessment Scale form. The offender then has 14 days to challenge the Tier placement or whether he needs to register before the Superior Court Judge in the County assigned to hear Megan’s Law cases.

In addition to the foregoing, for some offenders deemed to be in the highest risk they are put on Parole Supervision for Life when they leave state prison. Parole Supervision for Life has many restrictions such as that a person cannot use the internet for any purpose and in some cases must even wear an ankle monitoring device to track his movements. These individuals may also have restrictions on where they can live with respect to proximity to schools and the like.

You need a lawyer

If you are dealing with a Megan’s Law issue you need an experienced attorney in this area. Your liberty and future quality of life are at stake. Employers now routinely search the internet sex registry to see if applicants are on the list. Obviously, being on the registry will very negatively impact the person’s ability to get the job.

You need a lawyer who is experienced in challenging and litigating all aspects of Megan’s Law, which I have done successfully.