Failure to Register as a Sex Offender

Failure to Register Defense Attorney in New Jersey

If you or a loved one has been charged with a sex crime in New Jersey such as failure to register under Megan’s Law, Marshall Criminal Defense can help. Our experienced criminal defense lawyers understand the serious consequences associated with a sexual-related offense including potential jail time, Megan’s Law registration requirements, and community supervision for life (i.e. PSL or CSL). Our statements concerning the qualification of our attorneys to defend you aren”t just puffery like you will find on most website given the unique experience we bring to the table. The defense team at the firm possesses:

  • 14 lawyers that specialize exclusively in defending individuals accused of sex offenses and other crimes in NJ
  • Over 200 years of combined experience working in courts throughout the state
  • Former County Prosecutors that have served at the highest levels including as Director of a Sex Crimes Unit, Major Crimes, Special Victims, Domestic Violence, Juvenile and even an entire Trial Division
  • Certified criminal trial attorneys

Our criminal defense trial attorneys will examine the facts and circumstances of your case, the offer from the State, and draft a comprehensive defense strategy for trial. Contact our office for immediate assistance at 855-450-8310.

 

The New Jersey Failure to Register Law

Failure to register under Megan’s Law is a crime in accordance with N.J.S. 2C:7-2. This statutes provides, in relevant part, as follows:

§ 2C:7-2. Registration of sex offenders; definition; requirements; penalties

a. (1) A person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for commission of a sex offense…shall register as provided in subsections c. and d. of this section.

(2) A person who in another jurisdiction is required to register as a sex offender and (a) is enrolled on a full-time or part-time basis in any public or private educational institution in this State…for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year, shall register in this State as provided in subsections c. and d. of this section.

Who Is Required To Register

Subsection (b) of N.J.S.A. 2C:7-2 outlines who falls within the registration requirements of Megan’s Law. An individual possesses an obligation to register as a sex offender if they have been convicted of the following offenses:

  • Aggravated Sexual Assault
  • Sexual Assault
  • Aggravated Criminal Sexual Contact
  • Kidnapping (under N.J.S.A. 2C:13-1c(2))
  • Endangering the welfare of a child based on sexual conduct
  • Luring a child
  • Criminal Sexual Contact of a minor
  • Criminal Restraint of a minor
  • False Imprisonment of a minor
  • Promoting Prostitution of a minor
  • Production or Manufacturing Child Pornography
  • Distribution of Child Pornography
  • Attempting to commit any of the previously outlined crimes

When Are You Required to Register

The deadline for registration under Megan’s Law varies depending on the particular circumstances of a registrant. The following is a summary of the requirements set forth in N.J.S.A. 2C:7-2c:

  • Individuals on Probation, Parole, Furlough or Work Release. Individuals falling within these categories must register at the time they are placed under the related supervision.
  • Individuals Who Are Incarcerated. Must register prior to release with the agency having jurisdiction over the inmate and within 48 hours of release with the chief law enforcement officer of the municipality where they will reside.
  • Individuals Moving to New Jersey. Must register with the chief law enforcement officer of the town where they will be living within 10 days of arrival.
  • Individuals From Other States Attending College In New Jersey. Must register with the chief law enforcement officer of the town where they will reside within 10 days of arrival.
  • Individuals Working in New Jersey For At Least 14 Consecutive Days or Over 30 Days in a Calendar Year. Must register with the chief law enforcement officer of the municipality where their employer is located within 10 days of commencing employment.

You should also know an individual is obligated to register whenever there is a change of address in accordance with N.J.S.A. 2C:7-2d. The deadline for reporting in this instance is also 10 days.

There are also periodic reporting requirements under Megan’s Law that must be fulfilled. As a general rule, an individual must verify his or her address annually with the chief law enforcement officer of the town of residence. The address verification requirement is tightened to 90 days for individuals previously convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, or kidnapping of a minor, provided their conduct was found to be of a pattern of repetitive, compulsive behavior.

Penalties for Failure to Register

Failure to Register under Megan’s Law is a third degree crime. This applies whether your conduct involves failure to register, failure to verify your address annually, failure to register after moving (i.e. change in address), or basically any other violation falling under 2C:7-2. A conviction for this offense results in three (3) to five (5) years in State prison and a fine of up to $15,000. You should also keep in mind that prosecutors have a clear tendency to take a hardline in failure to register cases. It is therefore profoundly important that you hire the best attorney you can find to defend you.

 

 

Contact Our Experienced Failure to Register Defense Lawyers

There is absolutely no doubting the fact that you will need a savvy attorney representing you if you were charged with failure to register. Prosecutors love to throw sex offenders in jail and they often look at failure to register, report a change in address, or annual report, as a great opportunity to get a predator off the streets. While we realize this is an unfair approach, this is often reality. You therefore need to equip yourself with the best weapon to counteract this aggression, namely, the services of an accomplished criminal lawyer. This is precisely what the former sex crimes prosecutors and skilled attorneys at Marshall Criminal Defense can offer you. Contact us for a free consultation anytime 24/7 at 855-450-8310.

Frequently Asked Questions In Failure to Register Cases

Failure to Register

How Do You Get Off Megan’s Law?

N.J.S.A. 2C:7-2f briefly outlines the process for removal from Megan’s Law. An individual is typically eligible to terminate his/her registration requirements if they have not been convicted of a criminal offense for at least 15 years post sex crimes conviction. A formal application to the court, which must contain a psycho-sexual evaluation and report indicating that the applicant is at a low risk of re-offending, must be filed in order to obtain removal,

What Is Megan’s Law?

The New Jersey legislature passed Megan’s Law in 1994 and this created an obligation on the part of sex offenders to register with law enforcement. It also provided a mechanism for community notification that a sex offender was in the area.

Any crime that includes an act of sexual penetration or sexual contact typically requires that the offender register with the state’s sex offender registration and notification program.

A sex offender must provide his name, address, and information about his crime to the sex offender registry. The public has access to some or all of this information, which is available on government websites. Sex offender registration may have serious and life-long consequences, including those related to finding housing and employment.

How Does Registration Apply To Someone Who Is In College or High School?

A person who is required to register as a sex offender in another jurisdiction and is currently enrolled as a full-time or part-time student in any public or private educational institution in New Jersey must register as a sex offender in New Jersey. If this individual attends any secondary school, trade or professional institution, institution of higher education, or any other post-secondary school, the registration must occur within ten days of beginning attendance at the educational institution. The individual must register with the chief law enforcement officer of the municipality in which the educational institution is located or if the municipality does not have a local police force, the New Jersey Superintendent of State Police.

A person required to register who is enrolled at, employed by, or carries on a vocation at an institution of higher education, or any other post-secondary school in New Jersey must, within ten (10) days of beginning attendance, employment, or vocation, register with the law enforcement unit of the educational institution if the institution has such a unit.

How Does Mandatory Registration of a Sex Offender Effect When Someone Is Releases From Jail or Prison?

No person confined in a correctional or juvenile facility or involuntarily committed who is required to register may be released from that confinement before the expiration of that person’s sentence or termination from supervision or of custody, until the address listed on his form of registration as his proposed place of residence has been verified as valid.

A person confined in a correctional or juvenile facility or involuntarily committed who is required to register must register before his release in accordance with established procedures within 48 hours of release. Upon release, a person must register with the chief law enforcement officer of the municipality in which the person resides or if the municipality does not have a local police force, the Superintendent of State Police.

If You Are A Sex Offender And Move To New Jersey, When Must You Register?

A person moving to or returning to this State from another jurisdiction must register with the chief law enforcement officer of the municipality in which the person will reside or if the municipality does not have a local police force, the New Jersey Superintendent of State Police within 120 days of the effective date of this act or 10 days of first residing in or returning to a municipality in this State, whichever is later.

When Must A Sex Offender Re-register Or Verify His Address?

After initial registration, a registrant must re-register when there is any change to the registrant’s address, employment, or school enrollment status. Failure to notify law enforcement of any of these changes is a third-degree criminal offense. After initial registration, a registrant must verify an address with local law enforcement either annually or every 90 days depending on whether a court previously found the offense conduct to be “repetitive and compulsive.” Failure to verify an address or providing false information to law enforcement is currently a third-degree criminal offense.