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Juvenile Sex Offender and Megan’s Law

March 21, 2024 Uncategorized

Juvenile Sex Offenders and Megan’s Law in New Jersey

Being labeled a sex offender as a juvenile can put serious restrictions on a young person’s life. Here in New Jersey, juveniles adjudicated delinquent for certain sex crimes may be subject to registration and community notification under Megan’s Law.

In this article, I’ll explain how Megan’s Law applies to juveniles, the registration and notification requirements, and potential relief options. My goal is to provide a comprehensive overview of this complex issue.

Which Juvenile Sex Offenses Trigger Megan’s Law?

Under New Jersey law, a juvenile between the ages of 14-17 who is adjudicated delinquent for the following serious sex offenses may be subject to Megan’s Law[1]:

  • Aggravated Sexual Assault
  • Sexual Assault
  • Aggravated Criminal Sexual Contact
  • Kidnapping
  • Criminal Sexual Contact
  • Certain Child Pornography Offenses

However, juveniles under 14 cannot be subject to sex offender registration and notification requirements in New Jersey, even if convicted of these crimes in adult court[2].

Megan’s Law Classification Process for Juvenile Sex Offenders

If a juvenile is adjudicated delinquent for one of the qualifying sex offenses, the prosecutor has 45 days to file a motion seeking Megan’s Law requirements[3]. If the motion is granted, here is the process:

  1. The juvenile undergoes a risk assessment using the Regulatory Regime Assessment Scale (RRAS)
  2. Based on the RRAS score, a tier level of 1-3 is recommended
  3. The judge makes the final determination on tier classification after a hearing
  4. The juvenile is subject to registration and notification based on their tier

The higher the tier classification, the more extensive the registration requirements and community notification will be[4].

Registration Requirements for Juvenile Sex Offenders

Juveniles subject to Megan’s Law must register with local law enforcement just like adult sex offenders[5]. This includes:

  • Initial registration within 3 days of release
  • Updating information upon moving, changing school, or changing name
  • Periodic in-person verification
  • Registration length of 15 years minimum

Failure to properly register and update information is a serious criminal offense. The registration period may be terminated early by court order if the juvenile demonstrates rehabilitation[6].

Community Notification for Juvenile Sex Offenders

The extent of community notification under Megan’s Law depends on the juvenile’s tier classification:

  • Tier 1 – Only law enforcement is notified
  • Tier 2 – Schools, organizations, and groups with potential child victims are notified
  • Tier 3 – The public sex offender registry website includes the juvenile’s information

Notification for juveniles seeks to balance public safety needs with the goal of rehabilitation. But higher tiers still mean greater public exposure.

Relief Options for Juvenile Sex Offenders Under Megan’s Law

While subject to Megan’s Law as a juvenile, there are some relief options available:

  • Petition the court to terminate the registration requirements early
  • Request reclassification to a lower tier level
  • File an appeal seeking exemption from community notification
  • Petition for post-conviction relief of delinquency adjudication

An experienced juvenile defense lawyer can advise on the best strategies and represent the juvenile in seeking relief from Megan’s Law requirements.

Conclusion

Megan’s Law can put heavy burdens on juveniles convicted of serious sex offenses. But legal options exist to challenge tier classifications, seek early termination, and advocate for relief. If you or a loved one is affected, please contact us to discuss the case specifics.

 

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