New Jersey Sex Crime Law Attorneys

What Laws Pertain to Sex Offenders in New Jersey?

There are several key New Jersey sex offender laws to be aware of.

Megan’s Law – The most well-known penalty for sex crimes in New Jersey, as well as in other states, is Megan’s Law, which requires offenders to register their names in a publicly accessible sex offender registry.

Megan’s Law Tier Classifications – At their initial hearing and risk assessment, perpetrators will be classified as Tier 1, Tier 2, or Tier 3 offenders, with Tier 3 representing the highest risk of re-offense. Only police will receive notification of Tier 1 offenders, while schools and other public facilities will be notified of Tier 3 offenders.

Megan’s Law Appeals and Removals – Those registered under Megan’s Law can appeal their cases after 15 years without new offenses. Removal is granted only if the offender no longer threatens public safety.

Parole Supervision for Life (PSL) and Community Supervision for Life (CSL) – PSL and CSL are mandatory sentences of lifetime supervision for those convicted of certain sex crimes with a high risk of reoffending.

The Military Sex Offender Reporting Act – This act requires the Department of Defense to provide sex offender registration information for any qualifying offense under the Uniform Code of Military Justice..

NJSA 2C:14 (New Jersey’s Sexual Assault Statute) – N.J.S.A. 2C:14 defines all state-defined acts of sexual assault involving adults, minors, and inebriated or incapacitated parties.

Nicole’s Law – ​Nicole’s Law, enacted in New Jersey in 2007, permits courts to issue restraining orders against individuals charged with or convicted of certain sex offenses, regardless of any prior relationship between the victim and the offender.

No Early Release Act (NERA) – Those convicted of certain violent crimes, including aggravated sexual assault, are required to serve at least 85% of their sentence before they are eligible for parole. Upon release, the parole period must be a fixed period of supervision.

Substantial Implementation Review, State of New Jersey (SORNA) – Under the Sex Offender Registration and Notification Act (SORNA), a considerable implementation review mandates the updated registration of sex offenders in the jurisdiction where they are convicted or incarcerated. It also requires registration in the jurisdiction where an offender works, lives, or attends school.

Statute of Limitations for Sex Offenses in New Jersey – There is no statute of limitations on criminal sexual assault in New Jersey. The statute of limitations for criminal sexual contact is five years.

The Adam Walsh Child Protection and Safety Act – This federal law aims to protect children from violent sex offenders by increasing penalties for sex crimes and establishing a national registry, as well as expanding background checks for foster and adoptive parents.

The Graves Act of 2008 – A maximum prison sentence and parole ineligibility are mandated for firearm-related sexual offenses.

The Lunsford Act – This act mandates a minimum 25-year prison sentence for anyone convicted of aggravated sexual assault of a child under the age of 13. The only possibility for a reduced sentence is through a plea agreement negotiated with the prosecutor.

The Protect Act of 2003 – This federal statute expands protections for children by providing mandatory life imprisonment for those repeat offenders convicted of a federal sex offense against a minor.

The Violent Crime Control and Sex Offense Laws Enforcement Act of 1994 (The Wetterling Act) – The Wetterling Act is part of sex offender registration. It mandates that those convicted of a criminal offense against a minor or a sexually violent offense must maintain registration of a current address with state law enforcement.