Megan's Law in New Jersey

What Is Megan's Law

A horrible sex assault and murder occurred in the early 1990’s and the victim was a seven (7) year old child named Megan Kanka. The defendant who committed the offenses was a neighbor who was a convicted sex offender. The incident prompted New Jersey lawmakers to enact “Megan’s Law”, which is also referred to as NJ sex offender registration, a framework for the classification and registration of certain sexual offenders and for community notification as to their whereabouts. The goal of this law is to prevent future incidents of sex assault by notifying the public whenever the most dangerous of sexual predators reside near them and, in less extreme cases, limit the notification to the local police.

Conversely, lawmakers recognized the potential for abuse by virtue of the authority afforded to law enforcement under Megan’s Law and therefore provided registrants with an avenue for relief when there is overreaching in terms of registration and notification.

The discussion that follows breaks down Megan’s Law in more detail.

Who Is Required To Register

There are primarily two ways that someone can fall within the registration requirements of Megan’s Law in accordance with N.J.S.A. 2C:7-2b. The first way, and the largest block of individuals that must register as a sex offender, are those who have been convicted of the following New Jersey sex-related offenses:

• Sexual Assault
• Statutory Rape
• Aggravated Criminal Sexual Contact
• Endangering the Welfare of a Child (Sexual Contact with a Minor)
• Distribution or Production of Child Pornography
• Luring or Enticing a Minor
• Criminal Sexual Contact (with 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)

The second group of individuals falling under Megan’s Law and who must register are individuals who have been previously convicted in another state of a sex offense requiring registration and who either: (i) attend a secondary school in New Jersey for more than 14 consecutive days or for at least 30 days in a calendar year; or (ii) are employed more than 14 consecutive days in NJ or for an aggregate period of than 30 days in a calendar year.

Levels Of Registration

When someone is convicted of a sex offense and deemed to fall under N.J.S.A. 2C:7-2b of the Megan’s Law, the “registrant” is required to report to local police. The sex offender may also be subjected to more invasive provisions of Megan’s Law such as inclusion in an internet registry, subjected notification of schools and other community organizations, and even required to where an electronic monitor in extreme cases. Where a particular falls within the continuum of conditions for registration and notice to the public hinges on their risk of re-offending. This can all be a very difficult and traumatic experience for the registrant and their families and this is where our Megan’s Law attorneys can provide considerable help.

The registration requirements and level of community notification triggered by Megan’s Law is predicated on the tier classification of a sex offender.  There are three different tiers that an individual can fall within based on their perceived risk of committing another sex offense.

• Tier I. This is the classification for those who at the lowest risk of re-offending. Typically, someone will be required to register with the local police department if they are in Tier I.
• Tier II. If the risk of re-offense is moderate, you are assigned to Tier II. You will definitely be required to register with your local police department and may also be subject to notification of organizations in the community including schools, religious and youth organizations, as well as inclusion in the sex offender internet registry.
• Tier III. The highest risk of re-offense are those falling within Tier III. You will be subject to the registration and notification requirements previously discussed. There is also the possibility of being subjected to electronic monitoring.

Factors That Determine An Individual’s Tier Level. There are eight factors set forth in N.J.S.A. 2C:7-8 for measuring the risk of re-offending and tier classification, including:

1. Conditions of release tending to minimize the risk of re-offense like supervision by  probation or parole, counseling/therapy/treatment, or a home with guidance and supervision;
2. Physical conditions that minimize the risk of re-offense, for example, advanced age, disability, or debilitating illness;
3. Criminal history indicative of a high risk of re-offending such as repetitive and compulsive behavior, whether the victim was a child, and whether he/she served a maximum term of confinement previously;
4. Other criminal history factors relevant to risks such as involvement of weapons, violence or serious injury, the relationship between the defendant and victim, and overall criminal record in terms of violations, date, and nature;
5. Psychological or psychiatric profile in terms of risk of re-offending;
6. Amenability and response to treatment;
7. Recent behavior; and
8. Recent threats and expressions of intent.

Appealing a Tier Classification. The County Prosecutor’s Office is responsible for classifying the registrant and presenting its findings at a tier classification hearing conducted in the Superior Court. Our criminal defense lawyers are highly experienced in representing clients at these types of hearings and also in appeals of tier classification.  If you need a Megan’s law lawyer in New Jersey to help you with a tiering issue, give us a call at 855-450-8310.

Standard Registration Requirements

For the most part, the standard procedure for registration involves visiting the police department of the town where the registrant will be residing and completing some forms intended to ensure that local law enforcement can account for the whereabouts of the sex offender. The following is a summary of when someone is required to register:

• When they are placed on probation, parole, furlough or work release;
• Within 48 hours of being released from incarceration;
• Within 10 days of moving to New Jersey;
• Within 10 days of attending college in New Jersey;
• Within 14 days of working in New Jersey.

Annual Address Verification. An individual is also required to report to the local police department once a year and re-verify his/her address. The address verification can be tightened further to a 90 day re-verification if the basis for registration is a conviction for aggravated sexual assault, sexual assault, kidnapping a minor, aggravated criminal sexual contact of a minor, or they were found to be repetitive and compulsive.

Change of Address. An individual must also register a change in address with the local police in both his old and new place of residence within 10 days of the move.

Inclusion In The Internet Registry

Megan’s Law empowered the NJ State Police to set up an internet registry that includes a sex offenders picture, name, address and nature of the sex offense(s) previously committed. Inclusion of an individual on this website is intended to provide the public, specifically residents of the area where the sex offender is residing, with notice of their presence of higher risk offenders in hopes of preventing commission of a sex crime.

An individual may be placed on the internet registry if they fall within the following categories:

1. Tier III;
2. Tier II or Tier III where conduct involves a pattern of repetitive, compulsive behavior; or
3. Inclusion was court ordered in accordance with N.J.S.A. 2C:7-8c(3).

It is obviously life impacting whenever someone is included in the internet registry so it is important to seek relief in the form of reclassification under Megan’s Law if you believe you were wrongfully included on the website. Our NJ Megan’s Law Reclassification Attorneys are available at 855-450-8310 to assist you in this capacity or any other touching on this area of criminal defense.

Failure To Register & Penalties

An individual can place themself in a serious situation if they fail to register as required by N.J.S.A. 2C:7-2 of Megan’s Law. Failure to register is a third-degree crime and you can bet that the prosecutor on the other side of this charge will be doing everything possible to secure a conviction given the perception that this is an opportunity to get another sexual predator off the streets.

We take issue with this position although it is, unfortunately, commonplace throughout New Jersey. You, therefore, need to do your best to make sure that there aren’t any mistakes, oversights, or hiccups that provide law enforcement with an opportunity to prosecute you. Indeed, you face up to 5 years in prison and a fine of up to $15,000 if you are convicted of failure to register under Megan’s Law. For more information on this subject, please refer to our Megan’s Law Failure to Register page.

Termination of Megan's Law Registration

If you have been convicted of a sexual-related offense that requires Megan’s Law sex offender registration, there is a possible for terminating your obligation to register. N.J.S.A. 2C:7-2(f) requires that you file a motion for removal if you want to accomplish this objective and that you meet eligibility requirements that include:

1. Your having one and only one prior conviction for a sex offense falling under Megan’s Law;
2. That the prior conviction not be for Aggravated Sexual Assault;
3. At least 15 years have elapsed since the conviction without a conviction for another criminal offense of any kind; and
4. You present evidence from a credible psycho-sexual expert indicating that your risk of re-offending is low.

Judges have repeatedly stated in various court opinions that removal is the exception rather than the norm so it is imperative that you hire an accomplished Megan’s law attorney if you want to move for removal from Megan’s Law. Our New Jersey Megan’s Law Removal Lawyers are primed to serve you in this role.

Contact Our New Jersey Megan's Law Defense Attorneys

Our firm probably handles as many or more sex cases in New Jersey than any law firm that you will encounter. It naturally follows that we have considerable experience dealing with Megan’s Law. This is extremely important for someone who has been charged with a sex crime that carries sex offender registration or for someone who is having issues with a law enforcement (or a parole officer) in terms of registration or community notification. Our New Jersey Megan’s law attorneys are highly knowledgeable in this area of law and the most effective strategies to help someone avoid the pitfalls of sex offender registration. If you would like to speak to a lawyer on our team with decades of experience handling Megan’s Law cases, call 855-450-8310. Lawyers are available 24/7 and initial consultations are always free so do not hesitate to contact us. Lawyers are ready to take you call now.

Frequently Asked Questions