Megan's Law and the Recent New Jersey Supreme Court Decision
The New Jersey Supreme Court today struck down local ordinances which attempt to regulate where convicted sex offenders can live once they have been released from incarceration. About 120 New Jersey towns will be effected by this ruling, including several in Monmouth and Ocean County, which have ordinances which prohibit convicted sex offenders from living within a proscribed distance from schools, parks, playgrounds, and other places in which children are present.
Megan's Law was passed and became effective on October 31, 1994 and applies if the defendant is convicted, adjudicated delinquent, or found not guilty by reason of insanity to any of the following offenses or an attempt to commit any of the following:
Aggravated Sexual Assault
Sexual Assault
Aggravated Criminal Sexual Contact
Kidnapping (where the victim is less than sixteen (16) years old)
Endangering the Welfare of a Minor by Engaging in Sexual Contact with a Minor
Endangering the Welfare of a Minor by knowingly receiving for the purpose of selling, knowingly sells, procures, manufactures, gives, provides etc. through any means (including the internet) any photos, films, videos, etc. which depict 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 eighteen (18))
Kidnapping (where the victim is under 18 and the offender is not the parent)
Criminal Restraint (where the victim is under 18 and the offender is not the parent)
False Imprisonment (where the victim is under 18 and the offender is not the parent)
If a defendant is convicted of any of the above charges, then Megan's Law applies. Further, after fifteen (15) years, sex offenders in New Jersey can move to terminate the obligation to register and/or be released from parole supervision, if they can show no subsequent convictions and that they are no longer a threat to others. Remember, Megan's Law became effective on 10/31/94 so this fifteen year period is coming up soon and many sex offenders may attempt to terminate their registration. The Public Defender's office is not allowed to file these motions so these defendants must hire a private attorney to file same.
