| Common Questions About Megan's Law |
Q1 |
What is registration? |
A1 |
Sex offenders must fill out a registration form and
submit it to their local police department. The form requests
personal information of the sex offender, including home
address and place of employment. The accuracy of the information
on the form is confirmed. This information is kept by
the Division of State Police in a Sex Offender Registry. |
Q2 |
What types of offenses require registration? |
A2 |
The offenses requiring registration include 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, kidnapping, criminal restraint, and false imprisonment
if the victim is a minor and the offender is not a parent
of the victim. |
Q3 |
Who is required to register? |
A3 |
Sex offenders who have been convicted since Megan’s
Law went into effect on October 31, 1994, or who were
serving a sentence on the effective date of the law are required
to register. Sex offenders who have been found to be
repetitive and compulsive by experts and the courts, regardless
of the date of conviction, are required to register. |
Q4 |
Are juvenile sex offenders required to register? |
A4 |
A juvenile sex offender is a person who commits a sex
offense while under the age of 18. Juvenile sex offenders
must register like adults. |
Q5 |
Are sex offenders convicted in another state
required to register when they move to New Jersey? |
A5 |
Sex offenders convicted in another state are required
to register within 10 days of moving to New Jersey. In addition,
sex offenders convicted in another state are required
to register even if they are just attending school or are
employed in New Jersey. |
Q6 |
Are sex offenders required to report changes of address? |
A6 |
Sex offenders are required to report every change of address. Sex
offenders must notify the local police at least 10 days prior to the
move. In addition, law enforcement agencies will monitor whether sex
offenders are reporting changes of addresses. Some sex offenders must
verify their addresses annually. Others must verify their addresses every
90 days. |
Q7 |
How long must sex offenders register? |
A7 |
All sex offenders subject to Megan’s Law must register
for the remainder of their lives. Sex offenders may apply
to the court to be removed from the Sex Offender Registry
if they committed only one offense, have not committed
another offense for 15 years, and prove that they are not
likely to pose a threat to the safety of others. Juvenile sex
offenders may also apply to the court to be removed from the
Sex Offender Registry if they were under the age of 14 at
the time of their offense but are now over the age of 18. |
Q8 |
What if a sex offender fails to register? |
A8 |
Failure to comply in any way with Megan’s Law is a
fourth degree crime. If you know someone has been convicted
of a crime requiring registration, you can always provide
that information to the local police or county prosecutor.
However, they will not be able to advise you whether or not
that particular sex offender is registered. |
Q9 |
Once sex offenders are registered, how does the
notification process work? |
A9 |
The county prosecutors receive the registration forms
from the local police. The prosecutors then must determine
the risk to the community -- the likelihood that the sex offender
will commit another crime. In making that determination,
the prosecutors weigh many factors set by statutes and
the Attorney General’s Guidelines. The prosecutors classify
sex offenders in one of three tiers based on the degree of
risk they pose to the public: low risk (Tier 1), moderate risk
(Tier 2), or high risk (Tier 3). Classification in a tier determines
who will receive notification. |
Q10 |
Who will receive notification? |
A10 |
If the risk level is low (Tier 1), law enforcement agencies
are notified. If the risk level is moderate (Tier 2), in
addition to law enforcement agencies, schools, licensed day
care centers, summer camps, and registered community organizations
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. If the risk
level is high (Tier 3), in addition to law enforcement agencies,
schools, licensed day care centers, summer camps, registered
community organizations, and members of the public are
notified. |
Q11 |
What information is provided in a notification? |
A11 |
In all three levels of notification, the information
provided includes the offender’s name, description and photograph,
address, place of employment or school if applicable, a
description of the offender’s vehicle and license plate number,
and a brief description of the offense. |
Q12 |
How will I be informed? |
A12 |
You will receive personal notification of the location of
all high risk (Tier 3) offenders that you are likely to encounter
in your neighborhood. A law enforcement officer, such as
a police officer, state police trooper, or investigator from
your county prosecutor’s office, will come to your door and
deliver a notice to an adult member of your household. |
Q13 |
May I share information with friends? |
A13 |
You may share and discuss the information you have
received with those residing in your household or with anyone
caring for your children at your residence in your absence.
You may NOT share this information with anyone outside your
household or not in your care. You may NOT copy or post the
notice. Law enforcement will notify all appropriate community
members, schools, organizations, residences, and businesses. |
Q14 |
What if I move to a new neighborhood? |
A14 |
Megan’s Law information is only given to persons already
living in the neighborhood. This information will NOT be
given by law enforcement agencies to persons who are considering
moving into the neighborhood. Also, the seller may NOT
be required as a condition of the sale to tell the buyer about
Megan’s Law notifications. However, once a home is actually
purchased, the new owner may request Megan’s Law notifications
from the local police department. |
Q15 |
Is information available on the Internet? |
A15 |
Information is available on the Internet at the following website: www.njsp.org. Click onto the Sex Offender Registry icon. The law limits the information to be placed on the Internet to all high risk (Tier 3) offenders and some moderate risk (Tier 2) offenders. The law excludes all juvenile sex offenders (except for Tier 3 juvenile sex offenders), most moderate risk offenders whose crimes were committed against members of their families or households, and most moderate sex offenders whose crimes were considered statutory because of age. |
Q16 |
What should I do if I receive a notification? |
A16 |
Reinforce general precautions about staying away from
strangers and ask your children to tell you or their caretakers
where they will be at all times. Use the information responsibly.
Talk to your children. Tell them to treat the sex offender
as a stranger. Tell them where the sex offender lives,
what he or she looks like, and what to do if they encounter or
are approached by that person. If you believe that a crime is
being committed by a sex offender, contact your local law
enforcement agency immediately as you would do in any case
of suspected criminal activity. |
Q17 |
Are there any other steps I can take to protect
my family? |
A17 |
There is no law that can ever completely protect us.
Adults need to teach children about basic safety precautions.
Check with your child’s school to determine whether a program
is in place to teach children about strangers. Also,
check with the school and other locations where your child
spends time on a regular basis to determine whether safety
precautions are in place. |
Q18 |
What am I prohibited from doing? |
A18 |
Any actions taken against the individual named in the
notification, including vandalism or property, verbal or written
threats of harm, or physical violence against this person,
his or her family, or employer, will result in arrest and prosecution
for criminal acts. Vigilantism is not only a crime, it is
an action that will undermine the efforts of those who have
worked hard to enact this law. |