In New Jersey, Megan’s Law requires a sex offender to fill out a registration form and submit it to their local police department. They must provide an array of personal information, including their home address and place of employment. An offender will remain registered for the entire life.
There is a wide array of sex crimes that would require someone to register. Furthermore, some crimes may also require offenders to be placed under parole supervision for life. Those who are placed under parole supervision for life may have to comply with various conditions such as home checks and restricted access to the internet.
If you have been accused of a sex crime, get help from our experienced New Jersey criminal defense attorneys at the Law Offices of John J. Zarych by calling (609) 616-4956.
What is Megan’s Law?
Megan’s Law was set forth in 1994 following the horrific rape and murder of Megan Kanka in Hamilton, New Jersey. The culprit, Kanka’s neighbor, was previously incarcerated for sex crimes. Accordingly, this law was enacted requiring those who commit sex crimes in New Jersey to register as sex offenders. It intends to help law enforcement officers track offenders’ whereabouts and prevent re-offenses. Furthermore, if an offender poses a high risk to the community, Megan’s Law allows for the public to be notified of their presence.
What Offenses Require You to Register as a Sex Offender in New Jersey?
There are several types of offenses that will require you to register as a sex offender in New Jersey. The offenses requiring registration include sexual assault, aggravated sexual assault, endangering the welfare of a child, criminal sexual contact if the victim is a child, aggravated criminal sexual contact, promoting prostitution of a child, kidnapping, luring or enticing, false imprisonment, and criminal restraint.
If you have been convicted, found guilty by reason of insanity, or adjudicated delinquent for any of the aforementioned offenses then you might have to register. However, registration is determined on a case-by-case basis.
The process for registration will involve submitting a form providing your address, place of employment, and other personal information to your local police department. If you change your address or place of employment, then you will have to notify law enforcement officers of the change. All sex offenders must remain registered for the duration of their lives unless they successfully apply to be removed. If you fail to register, then you may be charged with a fourth-degree crime.
How Does Notification Work When You Enter the Sex Offender Registry in New Jersey?
Once the local police department receives your registration, they will send your forms to county prosecutors. These prosecutors will then assess your risk to the community. In other words, they will determine the likelihood that you will commit another sex crime. After this determination, you will be classified into one of three tiers. Tier 1 will be comprised of low risk individuals. Tier 2 offenders will be considered a moderate risk. Meanwhile, Tier 3 offenders are deemed to pose the highest amount of risk to their communities.
As a registered sex offender, the notification process can differ depending on what tier you fall into. If you are considered to be a Tier 1 offender, then only local law enforcement agencies will be notified of your registration. If you are placed into Tier 2, then law enforcement agencies, licensed day care centers, schools, summer camps, and registered community organizations will be informed. Finally, if you are deemed to be a Tier 3 risk, then members of the public will be notified in addition to all of the aforementioned parties. Residents will receive personal notifications regarding the location of all Tier 3 offenders in their neighborhoods. These notifications will be provided by local police officers, state police officers, or investigators from county prosecutors’ offices.
No matter what tier they are placed into, the information provided in a notification will include an offender’s name, description, photograph, address, place of employment or school, license plate number, vehicle description, and description of their offense.
Who is Included on the Internet Registry for Sex Offenders in New Jersey?
Tier 1 sex offenders will not be included on the internet registry for sex offenders in New Jersey. Meanwhile, Tier 2 offenders will be included on the registry unless certain conditions are met. If you are considered a Tier 2 offender, you can consult with our Ocean City sexual assault defense attorneys to determine if you may be excluded from the online registry.
Finally, all Tier 3 offenders will be listed on the internet registry regardless of their age. You can access the internet registry for sex offenders in New Jersey by following the link here.
Can You Dispute Your Tier as a Sex Offender in New Jersey?
Once your tier has been determined, you will be notified by the local prosecutor’s office. Fourteen days after receiving this notice, you may object to the prosecutor’s decision. When appealing a decision regarding your tier, it is crucial that you have experienced legal representation by your side. That way, you may ensure that your rights and interests are protected.
Can You Apply to Be Removed from The Sex Offender Registry in New Jersey?
There are some instances where you may apply for the court to remove you from the sex offender registry and terminate your obligation to register in the future. For example, you may apply to be removed from the registry if you have not committed another offense for 15 years, if you committed only one offense, or if you can prove that you are not likely to pose a risk to your community. Additionally, juvenile offenders may be able to apply for the court to remove them from the registry if they were under 14 years old when their offense occurred.
If You Were Accused of a Sex Crime in New Jersey, Reach Out to Our Lawyers for Help
Seek assistance from our experienced Atlantic City criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956 for a free assessment of your case.