Since Megan’s Law was enacted in 1994, sex offenders have to register themselves in New Jersey. Registration will involve informing local law enforcement agencies of their place of employment, address, and other personal information. If offenders are deemed to pose a moderate to high risk of committing another crime, then other members of the public may be notified of their presence.
If you are convicted of sexual assault, then you will be put on the sex offender list in New Jersey. However, there is a case-by-case risk analysis to determine how you register, and only certain crimes (e.g., sexual assault) require registration. Once registered, you will remain on the list for life. Only under special circumstances may you apply to be removed from the list.
Seek help from our experienced Atlantic City criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
Crimes that Put You on the Sex Offender List in New Jersey
After being convicted of sexual assault, you will have to register as a sex offender in New Jersey. Also, there are a multitude of other crimes that can put you on the sex offender list. Offenses that may require you to register include aggravated sexual assault, aggravated criminal sexual contact, criminal sexual contact where the victim is a minor, promotion prostitution of minors, endangering the welfare of a child, criminal restraint, false imprisonment, luring or enticing, and kidnapping.
You may be put on the list if you are convicted, adjudicated delinquent, or deemed guilty by reason of insanity for any of the previously mentioned crimes. The registration process will involve you submitting a form to a local police department notifying them of your place of employment, physical address, and other background information.
Once registered, you will remain on the sex offender list for the rest of your life unless you successfully apply for the court to have you removed. Failure to register can be met with a charge for a fourth-degree crime.
What Constitutes Sexual Assault in New Jersey?
According to N.J.S.A. § 2C:14-2, you can be charged with sexual assault if you commit an act of sexual penetration under certain circumstances that show there was a lack of consent. There are several circumstances that can indicate a lack of consent.
First, you can be convicted of sexual assault if you commit an act of penetration using physical force or coercion. Second, you may be guilty of sexual assault if you commit an act of penetration where the victim is between 16 and 18 years old and you have a specified relationship with them. Additionally, you may commit sexual assault by engaging in an act of sexual penetration against an individual who is detained while you have supervisory or disciplinary power over them. Finally, sexual assault can also occur when a victim is under 13 years old and their assailant is at least 4 years older.
You can be charged with aggravated sexual assault if you commit an act of sexual penetration and certain conditions are met. These conditions include cases where the victim is less than 13 years old or where the victim is between 13 and 16 and has a special relationship with their assailant. Furthermore, sexual assault can be charged in cases where penetration was committed while the assailant was armed or while the victim was incapacitated. Finally, aggravated sexual assault can be charged if the assailant caused serious injury to their victim.
Sexual assault is considered to be a second degree indictable crime in New Jersey. Accordingly, those who are convicted can face prison sentences between 5 to 10 years and may be assessed fines up to $150,000. Meanwhile, a conviction for aggravated sexual assault will be considered a first degree crime that can result in the assessment of a 10 to 20 year prison sentence and a maximum fine of $200,000.
Is The Public Notified if You Are Put on the Sex Offender List for Sexual Assault in New Jersey?
The public may be notified if you are put on the sex offender list for sexual assault. The notification process can vary depending on the potential risk you may pose to your community.
After registering as a sex offender, the prosecutor’s office in your county will classify you as a Tier 1, Tier 2, or Tier 3 offender. Tier 1 offenders are considered to be low risk to society. Meanwhile, Tier 2 offenders are deemed to be a moderate risk and Tier 3 is made up of high-risk offenders. There are several factors that can be evaluated when determining what tier to place you in. Generally, those who appear more likely to commit additional crimes will be placed into higher tiers.
For Tier 1 offenders, only local law enforcement agencies are notified of their registration. If offenders are placed into Tier 2, then schools, licensed day care centers, registered community organizations, and summer camps will also be notified. Finally, offenders in Tier 3 will have all of the previously mentioned parties notified in addition to members of the public. New Jersey residents will be informed about the presence of all Tier 3 sex offenders living near them. This information is typically provided to residents by police officers or investigators from local prosecutors’ offices.
If you are convicted of sexual assault and the prosecutor believes it is likely that you will commit another sex crime in the future, then you may be placed into Tier 3. In that case, the public would be notified of your placement on the sex offender list.
Can You Be Placed Under Parole Supervision for Life if You Are Convicted of Sexual Assault in New Jersey?
Parole supervision for life is a program that requires sex offenders to adhere to certain conditions upon their release. These conditions are indefinite can involve punishments like internet access and random home checks.
You may only be placed under parole supervision for life if you are charged with aggravated sexual assault, kidnapping, or endangering the welfare of a child. A charge for non-aggravated sexual assault will not result in you being placed in this program.
Will a Sexual Assault Conviction Put You on the Internet Registry in New Jersey?
If you are convicted of sexual assault in New Jersey, you may only be placed if you are considered to be a Tier 2 or Tier 3 risk. All Tier 3 offenders will be placed on the online registry. Additionally, Tier 2 offenders will be posted on the online registry unless they meet certain conditions. After being classified as a Tier 2 offender, our New Jersey criminal defense lawyers can determine if you may avoid being placed on the internet registry.
After Being Charged with Sexual Assault in New Jersey, Call Our Law Firm for Assistance
Get support from our Atlantic City criminal defense attorneys at the Law Offices of John J. Zarych by dialing (609) 616-4956.
