Megan’s Law is not a single statute but a set of obligations that attach after certain convictions in New Jersey, and the details vary considerably depending on the offense, the tier assigned, and when the conviction occurred. The Law Offices of Anthony Carbone works with people facing charges that carry registration and with people already registered who want to know whether the obligation can end. It often can. The fifteen year termination provision in N.J.S.A. 2C:7-2(f) is used far less often than it should be, largely because registrants are never told it exists.
What does registration actually require?
Registration under N.J.S.A. 2C:7-2 means providing local law enforcement with your name, address, date of birth, physical description, employer, school enrollment, vehicle information, and a photograph, then verifying that information on a set schedule.
Most registrants verify annually. Anyone convicted of aggravated sexual assault, or found to be a repetitive and compulsive offender, verifies every 90 days. A change of address must be reported at least ten days before moving, and a move to another state requires notice to the New Jersey agency you registered with. Someone moving into New Jersey must register within ten days of arriving.
Failure to register or to verify is a third degree crime under N.J.S.A. 2C:7-2(a)(3), punishable by 3 to 5 years in state prison. It is prosecuted routinely, and most of these charges involve address changes rather than deliberate evasion.
Which convictions trigger registration?
The statute lists them specifically. Aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping under certain subsections, endangering the welfare of a child by sexual conduct, luring, and criminal restraint or false imprisonment where the victim is a minor and the offender is not a parent all require registration. Criminal sexual contact and lewdness trigger it when the victim is a minor.
A juvenile adjudicated delinquent for a registerable offense also registers. Registration applies to convictions from other states and to federal convictions where the conduct would be registerable in New Jersey.
How does tier classification work?
The county prosecutor assigns a tier using the Registrant Risk Assessment Scale, a 13 factor instrument adopted under the Attorney General’s Megan’s Law guidelines. The tier determines who is notified:
- Tier 1, low risk: notice to law enforcement agencies likely to encounter the registrant.
- Tier 2, moderate risk: notice extends to schools, licensed daycare centers, summer camps, and community organizations serving people likely to encounter the registrant.
- Tier 3, high risk: notice reaches members of the public in the surrounding area, typically by door to door delivery within a defined geographic zone.
You have the right to challenge the tier and the scope of notification before it takes effect. Under Doe v. Poritz, 142 N.J. 1 (1995), the New Jersey Supreme Court required judicial review of classification decisions with the State bearing the burden of proof by clear and convincing evidence. The window to object is short, usually 14 days from the prosecutor’s notice, and missing it forfeits the challenge.
Who appears on the internet registry?
The New Jersey State Police maintain a public internet registry that includes Tier 3 registrants and those Tier 2 registrants whose risk of reoffense and conduct characteristics meet the statutory criteria. Tier 1 registrants are excluded.
N.J.S.A. 2C:7-13 also excludes certain registrants from internet publication, including a person whose sole registerable offense was criminal sexual contact with an adult victim, or lewdness, and a person whose sole offense involved a single victim who was a family or household member and who was under 18, where the court finds public notice is not necessary for safety. That exclusion is granted on application, not automatically.
Can registration ever end?
Yes, through a petition under N.J.S.A. 2C:7-2(f). A registrant who has been offense free for 15 years and who the court finds is not likely to pose a threat to others may be relieved of the obligation. The petition goes to the Superior Court in the county of conviction or residence.
Two decisions expanded access to this relief. In In re Registrant C.K., 233 N.J. 44 (2018), the Court held that permanently barring relief for people adjudicated delinquent as juveniles was unconstitutional. In In re Registrant H.D., 241 N.J. 412 (2020), the Court clarified that the 15 year period runs from conviction or release from confinement, whichever is later, and that any subsequent conviction, not only a sex offense, restarts it.
People convicted of aggravated sexual assault or of more than one sex offense are excluded from this relief by the statute.
What restrictions do not apply?
New Jersey has no statewide residency restriction for registrants. In G.H. v. Township of Galloway, 199 N.J. 135 (2009), the Supreme Court held that municipal ordinances barring registrants from living near schools and parks were preempted by Megan’s Law. Registration also does not by itself bar employment, though separate licensing statutes and federal public housing rules under 42 U.S.C. 13663 impose their own consequences.
Registration is a long obligation, not necessarily a permanent one, and the deadlines that govern both tier challenges and termination petitions are unforgiving. Whether you are facing a charge that carries registration or have been registered for a decade and want to know where you stand, The Law Offices of Anthony Carbone can review your classification, your eligibility for relief, and what the statute actually requires of you.