Convictions for sexual crimes tend to come with especially harsh penalties, including requirements to register publicly as a sex offender. However, not all sex crimes require registration. If you are charged, get help from an experienced attorney as soon as possible.
When convicted of certain sexual crimes, defendants often must register as sex offenders. Failure to register is considered a crime itself and may be charged as a felony. While many sex crimes require registration, not all do, and those convicted of lower-level offenses may not have to register. If registration is part of the penalties for your charges, your attorney should help you fight the charges and avoid a conviction to avoid having to register. If convicted, registration is non-negotiable.
Get legal help now by calling our Atlantic City, NJ sexual offense lawyers with the Law Offices of John J. Zarych at (609) 616-4956 and ask for a free, private case review.
Do Convicted Defendants Have to Register as Sex Offenders?
When defendants are convicted of certain sexual crimes, they are required to register as sex offenders. However, not every crime carries this requirement.
Who Must Register as a Sex Offender?
Anyone convicted of qualifying crimes must register as a sex offender. Registration requirements are not something you can get around through plea agreements or mitigating factors. When registration is required, it is mandated by statute. If you are not convicted, you do not have to register.
How Long Must a Convicted Defendant Register as a Sex Offender?
In New Jersey, convicted defendants who must register as sex offenders must register for life. However, the law separates sex offenders into different Tiers: Tiers 1, 2, and 3. These tiers are used to determine how the community is notified about sex offenders.
What Happens if You Fail to Register as a Sex Offender?
When a convicted defendant must register as a sex offender, registration is not optional. Failure to register or failing to re-register when you move are serious crimes. Under New Jersey law, failing to register as a sex offender is a crime of the third degree and may be punishable by at least 3 and up to 5 years in prison.
What Criminal Offenses Require Registration as a Sex Offender in New Jersey?
While many crimes in New Jersey require registration as a sex offender if a defendant is convicted, not all sex crimes have this requirement.
Registerable Offenses
Crimes that require convicted defendants to register as sex offenders in New Jersey include:
- Sexual assault
- Aggravated sexual assault
- Aggravated criminal sexual contact
- Kidnapping involving sexual assault or criminal sexual contact
- Endangering the welfare of a child by engaging in sexual conduct
- Creating child pornography
- Possessing child pornography
- Luring or enticing
- Criminal sexual contact if the victim is a minor
- Criminal restraint or false imprisonment of a minor when the offender is not a parent
- Knowingly promoting child prostitution
- Leading a network to share child pornography
Sex Offender Registration Tiers
- Tier 1 is the lowest tier, and requires that only local law enforcement is notified, and the registrant’s name may not be publicly available.
- Tier 2 is more serious and requires that local law enforcement, schools, and daycares are notified of registered sex offenders. Not only that, but sex offenders may be listed publicly.
- Tier 3 is the most serious and requires that law enforcement, schools, daycares, and nearby neighbors of offenders are notified. Tier 3 sex offenders are always publicly listed.
How to Avoid a Conviction and Registration as a Sex Offender
Once convicted, it is nearly impossible to get out of being required to register as a sex offender. Your best option is likely to vigorously fight the charges to hopefully avoid being convicted in the first place.
Fourth Amendment Violations
In many criminal cases, the police search the defendant’s private property and seize evidence for prosecutors to use against them. Such searches require a search warrant based on probable cause and authorized by a judge.
While warrantless searches are permissible under limited, specific circumstances, the police must prove such conditions existed. If they cannot, our New Jersey sexual offense lawyers must challenge the evidence and keep the authorities from using it against you.
Impeaching Witnesses
Prosecutors may present numerous witnesses against you at your trial. While witness testimony can be powerful, it is not infallible. One strategy is to impeach witnesses’ credibility and argue that the jury should not trust or believe the witnesses’ testimony.
A great way to impeach a witness is to present evidence that they have a motive to lie. Perhaps the witness is someone who openly dislikes you and has expressed a desire to cause you harm or distress. Maybe they were offered legal protection from prosecutors in exchange for testimony.
In other cases, witnesses might not be lying, but their testimony may be inaccurate and unreliable. For example, a witness might argue they saw you commit the crime, but they were not wearing their glasses and have poor eyesight. In that case, we can argue the jury should not trust this defendant’s recollection.
Do Convicted Defendants Have to Register as Sex Offenders for Life?
Yes. In New Jersey, all defendants who must register as sex offenders must do so for life regardless of their Tier.
Can Judges Waive the Requirement to Register as a Sex Offender?
Generally, no. Whether or not a defendant must register as a sex offender upon conviction is not decided by a judge during sentencing. Instead, it is mandated by statute. Convicted defendants must register. Judges do not have discretion to waive registration requirements, and defendants may not avoid it as part of a plea deal.
How Can Defendants Fight Charges for Alleged Sexual Offenses?
Defendants can fight charges by challenging evidence they believe was seized illegally, undermining the credibility of witnesses, and presenting any evidence that counters the prosecutor’s claims. Your best defense depends on the unique circumstances of your case.
Contact Our New Jersey Sexual Offense Lawyers for Help with Your Case
Get legal help now by calling our New Jersey sexual offense lawyers with the Law Offices of John J. Zarych at (609) 616-4956 and ask for a free, private case review.
