The penalties for sex crimes in New Jersey and throughout the United States are harsh. Furthermore, many offenders believe that they continue to pay the high price of a sex crime conviction even after they have served their prison sentence and have been released. Since, 1994, certain sex offenders have been required to register and report certain information to a state database due to a law is known as Megan’s Law. In fact, the roots of Megan’s developed in New Jersey. The original act passed the New Jersey legislature in 1994. The New Jersey law served as a model that all other states were required to pass.
There are an array of circumstances where an individual can be charged with a failure to register as a sex offender including under N.J.S.A. 2C:7-2a. If you are facing serious, life-altering charges of this nature contact an experienced criminal defense lawyer. The lawyers of John J. Zarych provide aggressive and strategic representation when you face serious charges. To schedule a free consultation call (609) 616-4956 or contact us online.
What Sex Offenses Require Registration Under Megan’s Law?
Under NJSA 2C:7-2a a person can be charged with a sex offense when one of two sets of conditions is met. The first set of conditions includes any person who has been convicted of certain sex crimes and failed to register. The crimes that they could have been convicted of giving rise to a need to register include:
- aggravated sexual assault
- sexual assault
- aggravated criminal sexual contact
- kidnapping pursuant to N.J.S.A. 2C:13-1c(2)
Likewise, a conviction of an attempt to commit any of these crimes also would also require an individual register.
Similarly, individuals who have been found not guilty by reason of insanity are also required to register with a sex offender registry. Offenses that these individuals have been convicted of requiring registration include:
- aggravated sexual assault
- sexual assault
- aggravated criminal sexual contact
- kidnapping pursuant to N.J.S.A. 2C:13-1c(2)
- endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of a child pursuant to N.J.S.A. 2C:24-4a
- endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4b(4)
- luring or enticing a child pursuant to N.J.S.A. 2C:13-6
- criminal sexual contact pursuant to N.J.S.A. 2C:14-3b if the victim is a minor
- kidnapping pursuant to N.J.S.A. 2C:13-1 if the victim is a minor and the offender is not the parent of the victim
- criminal restraint pursuant to N.J.S.A. 2C:13-2 if the victim is a minor and the offender is not the parent of the victim
- false imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not the parent of the victim
Likewise, a conviction under federal law or a conviction under the laws of another state for similar offenses can also give rise to a need to register. The failure to register when one has been adjudged guilty of any of the preceding offenses can give rise to additional criminal charges.
What Must a Prosecutor Prove?
Thus, there are two elements that a prosecutor who brings charges against an individual under N.J.S.A. 2C:7-2a for failure to register as a sex offender must prove. First, the prosecutor must show that the individual was required by law to register as a sex offender. If the accused was charged and convicted, judged delinquent, or found not guilty of any of the above crime, it is highly likely that a prosecutor could meet this burden.
The next element the prosecutor must prove is that the defendant knowingly failed to register. A defendant who acts knowingly is one that the prosecutor must show acted with knowledge. Generally, this means that he or she was highly likely to be aware of the circumstances, there is a high likelihood that he or she had knowledge of the existence of this requirement, or that his or her conduct was almost certain to bring about a particular result.
What Penalties Can I Face for Failure to Register as a Sex Offender?
The failure to register as a sex offender is a third-degree crime in the state of New Jersey. As a third-degree indictable offense, an individual convicted under this statute can face a prison sentence of three to five years. Furthermore, additional monetary penalties can be imposed. While third-degree indictable offenses do not carry a presumption of incarceration, the individual’s prior criminal record is likely to result in a prison sentence.
Work with an Experienced Sex Crimes Defense Lawyer in South Jersey
If you have been charged with a serious crime under New Jersey state law including sex crimes and the failure to register as a sex offender, serious penalties apply. Working with an aggressive and strategic criminal lawyer who can force the prosecutor to prove all elements of the crime can help you secure a plea deal or otherwise avoid a potential worst-case outcome. However, all matters are dependent on their own facts and the temperament of that particular judge and jury. To schedule a confidential consultation call the Law Offices of John J. Zarych at (609) 616-4956 today or contact us online.
