Megan's Law New Jersey Rules

Megan’s Law New Jersey Rules

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Megan’s Law NJ

The Registration and Community Notification Laws were enacted in New Jersey on October 31, 1994. Under the law, a person that has been convicted, adjudicated delinquent (juvenile) or found not guilty by reason of insanity of certain enumerated sex crimes have to place their name on a registry.

The crimes listed in under 2C:7-2 are:

  • Aggravated Sexual Assault;
  • Sexual Assault;
  • Aggravated Criminal Sexual Contact;
  • Kidnapping, where the victim is less than 16 years of age;
  • Endangering the Welfare of a Minor by engaging in sexual conduct with a minor;
  • Endangering the Welfare of a Minor by knowingly receiving for the purpose of selling, knowingly selling, procuring, manufacturing, giving, providing, lending, trading, mailing, delivering, transferring, publishing, distributing, circulating, disseminating, presenting, exhibiting, advertising, offering or agreeing to offer, through any means; including the Internet, any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act;
  • Luring or Enticing a Minor;
  • Criminal Sexual Contact, if the victim is under the age of 18;
  • Kidnapping, Criminal Restraint, or False Imprisonment upon a person under the age of 18, where the offender was not a parent.

Have you been charged with a crime that could place your name on the sex offender registry?  It is essential that you contact an experienced criminal defense lawyer at Breslow Law Offices. We will do everything in our power to keep you off of Megan’s Law.

Megan’s Law New Jersey Classification

After you have been found guilty or not guilty by reason of insanity, the registrant will have to be evaluated and classified.

There are 3 tiers of classification, and based on the classification, certain information will be provided to the public. Tier 1 is the lowest risk, tier 2 is a moderate risk and tier 3 is high risk. If a registrant is classified under Tier 3, the public can see the most information like,  where a person lives, the offense, physical description, picture, and birth date.

New Jersey State law entitles you to a hearing for your classification. You are entitled and should have a lawyer by your side at a classification hearing. Trust the attorneys at Breslow Law Offices to be by your side and help you receive the best results as possible.  You should want to be classified.

How To Be Removed From Megan’s Law

In order to be removed from Megan’s Law and to have registration requirements removed, the Megan’s Law registrant:

  1. must wait 15 years from the time of his conviction or his release from prison (whichever is later);
  2. has not committed any offense in 15 years since the date of the original conviction;
  3. must not likely to pose a threat to the public safety of others;
  4. cannot have been convicted of more than 1 sex offense;
  5. cannot have been convicted of aggravated sexual assault under any circumstances or sexual assault where the actor commits an act of sexual penetration and the actor uses physical force or coercion.

A motion must be filed in the County where the registrant resides and registers. The Motion is filed with the Assignment Judge of that County.  The Motion must show the 5 requirements listed above are met. The motion must be filed with a psychological evaluation conducted by a licensed psychologist.

Juvenile sex offenders may also apply to the court to be removed from the Sex Offender Registry if they were under the age of 14 at the time of their offense but are now over the age of 18. Otherwise, they follow the same 15-year rule.

Are you trying to get off of Megan’s Law? Contact the attorneys at the Breslow Law Offices 973-239-8000. They have experience with Megan’s Law cases from both sides of the table. As Prosecutors and Defense Attorneys, the Breslows have handled numerous Megan’s Law cases. Contact them today.

N.J.S.A. 2C:7-2