New Jersey Juvenile Sex Offender and Megan’s Law

New Jersey Juvenile Sex Offender and Megan’s Law

In New Jersey, juveniles who commit sex offenses may have to register as sex offenders under Megan’s Law. This law was passed in 1994 after 7-year-old Megan Kanka was sexually assaulted and killed by a convicted sex offender living in her neighborhood. Her parents had no idea he was a sex offender. Under Megan’s Law, law enforcement must notify the public about sex offenders living in the community.

So what happens when a juvenile breaks the law with a sex crime in New Jersey? Well, it can get complicated quick. There’s special laws for juveniles (under 18 years old) who commit crimes. If a juvenile is charged with a sex offense in New Jersey, here’s some key things to know:

Juvenile or Adult Court

First, prosecutors decide whether to charge the juvenile as an adult in criminal court, or keep the case in juvenile court. Some serious violent crimes must start in adult criminal court. But for most sex offenses, prosecutors can choose juvenile or adult court. They look at things like:

• How old was the juvenile when the crime happened?
• How serious was the crime?
• Does the juvenile have a history of offenses?

If the case stays in juvenile court, penalties aim to rehabilitate the juvenile – like counseling, community service, probation etc. The records are usually confidential too. But if convicted as an adult, the juvenile faces the same penalties as adults, like prison time. Their records won’t be confidential anymore either.

Registration as a Sex Offender

Many juveniles convicted of sex crimes in New Jersey will have to register as sex offenders. For juveniles tried as adults, it’s mandatory to register if convicted of certain sex crimes like aggravated sexual assault. Juveniles convicted in juvenile court may also have to register, but the court decides based on:

• The danger to the community
• Likelihood of repeat offenses
• Nature of the offense
• Age of the juvenile
• Impact on the victim

Registered juvenile sex offenders have to give the police their name, age, address, employer, school, and update this information. Their records can be searched on online registries too, so the public is aware. It’s a big deal.

Megan’s Law Classification for Juveniles

Under Megan’s Law, registered sex offenders get classified into tiers based on the risk they pose. For juveniles, it’s based on:

• Seriousness of the offense
• Offense history
• Likelihood of re-offending
• Treatment needs
• Community safety

The tiers go from 1 (low risk) to 3 (high risk). Juveniles can petition annually to be reclassified to a lower tier. Their information will be less public the lower the tier.

Other Consequences

Beyond registration, more consequences can come from juvenile sex offenses. Like:

• Banned from living near schools, parks etc.
• Probation requirements
• Counseling or treatment
• Juvenile detention or incarceration
• Fees and fines
• Community service
• School disciplinary action
• Difficulty finding jobs and housing
• Stigma and isolation

Fair or Too Harsh?

Many argue these laws are too harsh on juveniles. Kids make mistakes, their brains aren’t fully developed yet. And being on the sex offender registry forever seriously impacts their future. It can ruin their shot at college, jobs, housing etc. Some say it actually increases their risk of re-offending. Of course victims deserve justice too. It’s a tough issue with good arguments on both sides.

What About Sexting?

Lots of teens sext – send nude or sexual photos by phone. If under 18, it’s considered child porn. Teens have been charged for having their own nude selfies. Most states have passed laws to reduce penalties for teen sexting. In New Jersey, it’s a disorderly persons offense. Teens face counseling or community service, not prison. But they can still face serious consequences like registration as a sex offender.

Get Legal Help

If your juvenile child is charged with a sex offense in New Jersey, get a criminal defense lawyer right away. An experienced attorney can help get the charges dismissed, reduced, or handled in juvenile court if appropriate. They can also advocate for a lower tier classification and registration requirements. Don’t let your child face these life-changing consequences without an expert lawyer on your side.