New Jersey Section 2C:7-3 – Notice of obligation to register
New Jersey Section 2C:7-3 – Notice of obligation to register
New Jersey has some pretty strict laws when it comes to sex offenders having to register with local law enforcement. Section 2C:7-3 of the New Jersey code lays out all the details about how sex offenders are notified that they have to register, what info they have to provide, and the penalties if they don’t comply.
The most important thing to know is that if you’re convicted of certain sex crimes in NJ, you’ll have to register as a sex offender. The crimes that require registration are things like aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping, criminal sexual contact, luring a child into a motor vehicle or structure, and more. Basically any crime that’s sexually motivated or involves harming a minor. The list of specific crimes is in Section 2C:7-2.
So how does the notice to register work? Well, if you’re convicted of one of those crimes, the court will notify you at the time of conviction that you’ll have to register as a sex offender. They literally hand you a written notice explaining the registration requirements. Then, the court also sends a copy of that notice to your local law enforcement agency and the State Police so they know you’re supposed to register. So you get notified right away that registration is required.
The notice explains where and when you have to register initially, plus how often you have to verify and update your info. It also lays out all the info you have to provide, including your name, any aliases, address, place of employment or school, vehicle info, physical description, fingerprints, palm prints, DNA sample, photo, social media accounts, phone numbers, and email addresses. Basically they want to know everything about you and be able to keep tabs on you.
You usually have to register initially within 48 hours of being released from jail/prison or within 14 days if not incarcerated. Then you have to re-register if you move or change jobs, vehicles, or phone numbers. You also have to periodically verify your info, like every year or every 90 days depending on your specific tier level. Tier levels are based on the type of crime committed. Failure to register or update info can result in 4th degree or 3rd degree charges.
One interesting thing is that the notice also explains the duties of law enforcement related to community notification. See, the police can choose to notify schools, youth groups, and residential neighbors about your status as a registered sex offender if they think you pose a risk. So the notice warns you about that possibility too.
There’s also a section in 2C:7-3 about how if you change your name after conviction, you have to notify law enforcement of your new name so they can update your registration info. And if you legally change your name, the State Police have to notify the prosecutor’s office in the county where you were convicted so victims can be notified if they request that.
What happens if you just don’t register at all? Well failure to register when required is a 4th degree felony in NJ. And if you get convicted of that, then any future failure to register becomes a 3rd degree crime. The penalties can include years in prison and thousands in fines. So it’s not something you want to mess around with or try to avoid.
The registration requirements also apply for equivalent convictions in other states or jurisdictions. So if you move to NJ with an out-of-state conviction for a registrable offense, you still have to register here.
One defense some offenders try is that they didn’t get proper notice from the court about having to register. But that’s hard to prove when the court has to provide written notice at conviction and send a copy to law enforcement. It’s pretty hard to claim you didn’t know about the requirement when they hand you paperwork explaining it all.
Another defense around notice argues there were errors in the address or other registration details provided to law enforcement, so the offender claims they didn’t get notified properly of updates or verifications required. Again, hard to prove it wasn’t just an attempt to avoid registering.
So in summary, 2C:7-3 lays out how sex offenders are formally notified they have to register with local law enforcement upon conviction. It also requires them to keep their info updated and periodically verify it. Failure to comply can result in new criminal charges. While some try to fight the notice requirements, it’s an uphill battle once the court provides written documentation. So if convicted of a registrable offense in NJ, it’s critical to comply with registration laws or face further legal consequences.
References
1. New Jersey Sex Offender Registration Information
3. New Jersey Section 2C:7-3 – Notice of obligation to register – Casetext
4. Failure to Register as Sex Offender in New Jersey – NJ Sex Offender Registration Laws