Megan's Law in New Jersey

NJ Registered Sex Offender Defense Attorneys

Megan’s Law is a provision of the New Jersey Criminal Code that is intended to track the whereabouts of convicted sex offenders and to notify the public of their presence when the associated risk level warrants.  An individual faces mandatory sentencing that includes these obligations if they are convicted of a sex crime falling under N.J.S.A. 2C:7-2. Our team of NJ sex crimes lawyers has decades of experience dealing with a wide array of Megan’s Law-related issues including tier classification, failure to register, removal from sex offender registration, and as well as the defense of countless cases involving Megan’s eligible felony charges. It is imperative that you seek the services of an attorney who is highly skilled in this area of law if you are dealing with an offense touching on this area of law.

We are Marshall Criminal Defense, a powerhouse firm with qualifications that are unquestionably exceptional. In terms of specific attributes that will interest you, we can offer you:

  • A team of 15 attorneys that limit their practices to NJ criminal defense
  • Over 200 years of combined experience defending clients accused of a violation of  Megan’s Law and associated sex crimes
  • Former County Prosecutors who have served at the highest levels such as Director of the Major Crimes Unit, Sex Crimes Unit, Trial Division, Juvenile, and in other key roles
  • Certified Criminal Trial Attorneys
  • A long history of success handling cases in Monmouth County, Hudson County, Middlesex County, Bergen County, Camden County, Union County, Burlington County, Mercer County, Essex County, and everywhere else in New Jersey

Attorneys on our defense team are available 24/7 to answer any Megan’s Law questions you may have, as well as to discuss how we can assist you in avoiding a conviction and penalties. You are encouraged to contact our experienced criminal attorneys for a free initial consultation at 855-450-8310.

Marshall Criminal Defense defends all sex crimes and Megan’s Law matters brought in the State of New Jersey. We are available by telephone or for a face-to-face meeting in our Jersey City, Freehold, New Brunswick, Elizabeth, Hackensack, Toms River, Morristown, Trenton, Mays Landing, or another location. 

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:

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

Megan's Law

Who Has To Register As A Sex Offender Under Megan’s Law In New Jersey?

If you are convicted of or found not guilty by reason of insanity to any of the following offenses in New Jersey, you must register as a sex offender in accordance with Megan’s Law:

  • Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child
  • Endangering the welfare of a child through acts involving distribution of child pornography or production of child pornography
  • Aggravated sexual assault
  • Sexual assault
  • Aggravated criminal sexual contact
  • Criminal sexual contact if the victim is a minor
  • Kidnapping
  • Luring a child
  • False Imprisonment of a minor
  • Criminal Restraint of a minor

You are also required to register if you were convicted of a sex offense in another state that required you to register and are attending a college or university in New Jersey for at least 14 consecutive days or at least 30 days over the course of a year.

What Is A Megan’s Offense?

Someone can be using the term “Megan’s Offense” in two different contexts. The first scenario for its use is in the context of someone who is facing a sex crime that falls under Megan’s Law; they have a Megan’s Offense when this has occurred.

The second way that someone uses this term is when they are referring to a failure to register, failure to re-verify an address, or report a change in address as required by Megan’s Law; when they have been charged with one of these three violations, they are often said to be facing a Megan’s Offense.

How Long Do The Requirements Of Megan’s Law Last?

In New Jersey, all sex offenders subject to Megan’s Law must register for life. However, sex offenders may apply for removal from the Sex Offender Registry if they committed only one offense, have not committed another offense for 15 years, and prove that they are not likely to pose a threat to the safety of others. Removal is extremely implicated and narrowly applied so it is always advisable to retain a NJ Megan’s Law Removal Attorney if you are interested in seeking this relief.

What Is Community Supervision For Life (“CSL”) And Parole Supervision For Life (“PSL”)

Both of these terms have been used to refer to the mandatory sentencing requirements that apply whenever someone is convicted for sex crime falling under N.J.S.A. 2C: 43-6.4. This is now commonly referred to as Parole Supervision for Life or PSL, and subjects the convicted individual to mandatory parole for life, or until he successfully applies and is granted relief from this obligation. For more information on PSL, refer to our Parole Supervision for Life page.

Does Megan’s Law Apply To Juveniles?

Yes. The dictates of Megan’s Law apply to both adults and juveniles. Please note, however, that the process for seeking removal from Megan’s Law is more liberal than that for an adult. Our attorneys are available to assist you if you have questions regarding juvenile sex offender registration or removal.

Can I Get Off Of Megan’s Law In New Jersey?

Yes. A person can apply to the New Jersey Superior Court to terminate their registration obligation under Megan’s Law. In order to prove successful, their application must establish that the person: (1) is not likely to pose a threat to the safety of others in the future; (2) has one conviction only for a sex offense requiring registration; (3) the conviction does not involve aggravated sexual assault; and (4) they have gone at least 15 years without another offense. The lawyers at our firm, Marshall Criminal Defense, have a great track history of securing removal and are ready to assist you.

What Is A Psycho-Sexual Expert & Why Do I Need One?

It is extremely common for our Megan’s law defense lawyers to field telephone calls regarding removal motions and answer questions as to why an applicant needs a psycho-sexual evaluation and report. The reason why this is an absolute must in order to be removed from Megan’s Law is because a condition to this relief is credible evidence that the registrant presents a “low risk” of re-offending. The only way to demonstrate that this is the case is for an expert to put the applicant through a battery of standard test questions that are intended to reveal the risk level for committing another sex offense. This expert is referred to as a psycho-sexual expert and he/she must prepare a report that is served with the motion for removal from Megan’s Law.