New Jersey Section 2C:7-23 - Sex offender prohibited from participation in youth serving organization. - FEDERAL LAWYERS [2024] : FEDERAL LAWYERS [2024]

New Jersey Section 2C:7-23 – Sex offender prohibited from participation in youth serving organization.

Contents

1 New Jersey Law Prohibits Sex Offenders From Participating in Youth Organizations
2 Background of the Law
3 Key Provisions of Section 2C:7-23
4 Implications of the Law
5 Constitutional Challenges
6 Enforcement of Section 2C:7-23
7 Impact on Youth Safety
8 Comparison to Other State Laws
9 Conclusion
10 Sources

New Jersey Law Prohibits Sex Offenders From Participating in Youth Organizations

New Jersey has enacted a law, Section 2C:7-23, that prohibits convicted sex offenders from participating in youth serving organizations. This law is intended to protect children from potential harm by limiting contact between convicted offenders and minors involved in youth activities.

Background of the Law

In 2009, the New Jersey legislature passed a bill sponsored by Senators Scutari and Singer that imposed restrictions on sex offenders participating in youth organizations. This bill was signed into law as P.L.2009, c.139 by Governor Jon Corzine and became effective immediately.

The purpose of the law is to limit opportunities for sex offenders to have contact with children. The sponsors stated that “Sex offenders have very high recidivism rates and by prohibiting them from working with or participating in events or activities sponsored by youth serving organizations, we can better protect our children from becoming victims.”

Key Provisions of Section 2C:7-23

The key provisions of the law include:

Prohibits convicted sex offenders from holding any position or participating in any capacity for any youth serving organization. This includes paid and volunteer roles.
Defines a youth serving organization as a sports team, league, athletic association or any other corporation, association or organization that provides recreational, educational, cultural, social, charitable or other activities or services to persons under 18 years old.
Requires offenders to notify the organization of their status if they have a child participating in activities. The organization must then ban the offender from events where other children are present.
Establishes fines of $1,000 for a first offense and $5,000 for subsequent offenses for violations.

Implications of the Law

This law has several implications for convicted sex offenders and for youth organizations in New Jersey:

Severely restricts volunteering opportunities for offenders, even if they have their own children involved. Critics argue this can inhibit rehabilitation.
Requires youth groups to screen volunteers and ban any convicted sex offenders. This increases the administrative burden.
Limits family involvement in children’s activities. Offenders cannot attend their own child’s games, practices or events with other children present.
Provides protection for children involved in youth organizations where predators may have access. Most groups support increasing child safety.

Constitutional Challenges

The law has faced some constitutional challenges claiming violation of rights:

Ex post facto – The law applies retroactively to those convicted prior to 2009. Some argue this is an unlawful retroactive punishment.
Freedom of association – Preventing participation in children’s activities violates offenders’ first amendment rights of assembly and association.
Right to travel – Banning presence at events may violate the constitutional right to travel between states.

So far these claims have not succeeded in overturning the law. But it continues to face some criticism from civil liberties advocates.

Enforcement of Section 2C:7-23

Enforcement of the youth organization ban relies on sex offenders self-reporting their status. Critics claim this means the law is likely under-enforced.

Police can also actively check if any volunteers or participants are registered offenders violating the law. But proactive enforcement is resource-intensive.

Violations are considered a fourth degree crime in New Jersey, punishable by up to 18 months imprisonment and fines. But there have been few prosecutions under the law.

Impact on Youth Safety

It is difficult to quantify the impact of Section 2C:7-23 on preventing sex crimes against children. But supporters argue it provides an additional barrier between predators and access to minors.

Research does show that limiting contact between offenders and children can reduce recidivism risks. So youth groups agree the law likely enhances safety even if hard statistics are elusive.

Comparison to Other State Laws

New Jersey is not unique in restricting sex offender participation in youth activities:

At least 10 other states have enacted similar laws including Pennsylvania, Michigan, Louisiana and Arkansas.
Some states like California and Florida impose mandatory background checks on volunteers in youth organizations.
Many states prohibit all registered sex offenders from living or working near schools, parks and other areas children frequent.

So New Jersey’s law reflects a broader national trend towards increasing restrictions to protect youth from potential abuse.

Conclusion

Section 2C:7-23 represents a fairly aggressive measure to keep convicted sex offenders away from involvement in youth groups. Supporters see it as an important safeguard for child safety.

Critics argue it goes too far in restricting rights and rehabilitation. There are also questions around consistent enforcement.

But the underlying goal of limiting risks to children continues to drive more states to enact laws like New Jersey’s youth organization ban for sex offenders. The trend reflects society’s view that protecting children should take priority over convicted predators’ rights and privileges in many cases.