After an individual has been convicted of any of the following crimes listed below, the State of New Jersey requires them to register as a sex offender with their local police department:
- Aggravated sexual assault
- Sexual assault
- Aggravated criminal sexual contact
- Criminal sexual contact if the victim is minor
- 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 pornography featuring a child.
- Promoting prostitution of a child
- Luring or enticing
- Criminal restraint
- False imprisonment if the victim is a minor and the offender is not a parent of the victim.
[Source: New Jersey State Police].
Sex offenders are required to fill out a form provided by their local police department including their home address and place of employment. Once the department confirms the information provided on the form is accurate, it will be kept by the Division of State Police in a Sex Offender Registry. Those who are planning on relocating to the State of New Jersey must register within days 10 days of moving to the state.
What happens after a sex offender registers?
Once an individual is registered as a sex offender, the county prosecutors will be provided with their information from the local police agency that initially received it. The prosecutors will then determine “the risk to the community—the likelihood that the sex offender will commit another crime.” When determining this, prosecutors will use many different factors that have been set by statues as well as the Attorney General’s guidelines and then classify the individual as either a Tier 1, Tier 2, or Tier 3 sex offender. A Tier 1 sex offender poses as a low risk, Tier 2 poses as a moderate risk, and a Tier 3 sex offender is considered to be a higher risk to the community. It is important for offenders to understand that the Tier assigned determines who receives notification that they are living/working in their area.
For example, if a sex offender is considered a Tier 1, only the law enforcement agencies are notified. However, if they are classified as a Tier 2, then schools, licensed daycare centers, summer camps, registered community organizations, and law enforcement agencies “are notified of sex offenders that they are likely to encounter because of the possibility that pedophiles and sexual predators will be drawn to these places.” For those classified to be a Tier 3 sex offender, their information will be made available not only to law enforcement agencies, schools, licensed day care centers, summer camps, and registered community organizations, but also the public will be notified as well.
What information will be made available to those that are notified?
Whether a person is considered to be a Tier 1, Tier 2, or Tier 3 sex offender, the following will be made available to those that are notified:
- The offender’s name
- Description and photograph
- Place of employment or school, if applicable.
- Description of the offender’s vehicle and license plate number.
- Brief description of the offense.
How long is a sex offender required to register?
Any “sex offender [who is] subject to Megan’s Law must register for the remainder of their lives.” If you would like to be considered for removal from the Sex Offender Registry, you should hire a criminal defense attorney in NJ who can help you apply to the court requesting that you be removed from the database. The court will only consider removing those who have committed one offense, have not committed another offense for 15 years, and [can] prove that they are not likely to pose a threat to the safety of others.” If you are a juvenile sex offender, you can also apply to the court to get your name removed from the database “if [you] were under the age of 14 at the time of the offense but are now over the age of 18.”
If you have been charged with a sex offense in the State of NJ and have questions relating to your charges or you are already a registered sex offender who would like help with getting their name removed from the Sex Offender Registry, contact NJ criminal defense attorney Eric M. Mark. The Law Office of Eric M. Mark is here to defend your legal rights while helping you understand the charges you are facing. As for those who are eligible to get their name removed from the database, our NJ criminal defense law firm is here to provide you with the assistance you need.
The Law Office of Eric M. Mark is located at:
Jersey City Office
121 Newark Avenue, Suite 515
Jersey City, NJ 07302
201 Washington Street
Newark, NJ 07102
20 Commerce Drive, Ste. 135
Cranford, NJ 07016