New Jersey Section 2C:7-2 – Registration of sex offenders; definition; requirements; penalties.

 

New Jersey Section 2C:7-2 – Registration of sex offenders; definition; requirements; penalties

New Jersey Section 2C:7-2 is a law that requires people convicted of certain sex crimes to register as sex offenders with local law enforcement. This law defines who qualifies as a sex offender, what information they must provide when registering, and the penalties for failing to register or for providing false information.

The purpose of sex offender registration laws is to allow law enforcement to keep track of sex offenders living in the community. The goal is to prevent future sexual victimization by enabling law enforcement to be aware of potential threats. However, these laws are controversial and critics argue they violate civil liberties and unfairly punish offenders after they have already served their sentence.

Who Has to Register as a Sex Offender?

Under New Jersey Section 2C:7-2, a person must register as a sex offender if they are convicted, adjudicated delinquent or found not guilty by reason of insanity for the following offenses:

  • Aggravated sexual assault
  • Sexual assault
  • Aggravated criminal sexual contact
  • Kidnapping pursuant to N.J.S.2C:13-1(c)(2)
  • Luring or enticing a child under certain circumstances
  • Criminal sexual contact if the victim is a minor
  • Kidnapping pursuant to N.J.S.2C:13-1(c)(2)
  • Criminal restraint if the victim is a minor and the offender is not the parent
  • Certain forms of human trafficking involving sexual activity
  • Sexual exploitation of children (child pornography)
  • Certain offenses where the offender accepts a plea bargain

The law also requires juveniles aged 14 or older charged with certain sex offenses to register as sex offenders, including if they are adjudicated delinquent. This means found guilty in juvenile court.

What Information Must Sex Offenders Provide When Registering?

When registering as a sex offender under Section 2C:7-2, the offender must provide the following information:

  • Name and any aliases used
  • Social security number
  • Age and date of birth
  • Sex
  • Address of legal residence
  • Address of any current temporary residence
  • Date and place of employment
  • Date and place of each conviction, adjudication or acquittal by reason of insanity
  • Indication of whether the person was under supervision or monitoring on probation, parole, or pretrial release at the time of the offense
  • A brief description of the crime or crimes for which registration is required
  • Any other information the Attorney General deems necessary

Offenders must also submit to being fingerprinted and photographed. The registering law enforcement agency inputs this information into the state’s sex offender registry database.

How Often Must Sex Offenders Register and Update Information?

Under Section 2C:7-2, sex offenders in New Jersey must register with law enforcement in the municipality where they live as follows:

  • If the risk of re-offense is low, registration once per year for 15 years
  • If the risk of re-offense is moderate, registration once every 180 days for 25 years
  • If the risk of re-offense is high, registration once every 90 days for life

When sex offenders register, they must update any information that has changed since they last registered. They must also periodically confirm their address and other information is still accurate. Failing to register, update information or provide false information carries criminal penalties.

Penalties for Failing to Comply with Registration Requirements

There are several criminal penalties under Section 2C:7-2 for failing to comply with New Jersey’s sex offender registration requirements:

  • Failure to register – 3rd or 4th degree crime. Up to 18 months imprisonment.
  • Failure to notify law enforcement of a change of address – 4th degree crime. Up to 18 months imprisonment.
  • Providing false or misleading information when registering – 3rd degree crime. 3-5 years imprisonment.

These penalties demonstrate how seriously New Jersey takes sex offender registration. The courts have generally upheld the constitutionality of forcing sex offenders to register. However, there are some concerns these laws go too far…

Criticisms and Concerns About Sex Offender Registration Laws

While the intent behind sex offender registration laws is admirable, there are several criticisms and concerns about the fairness and effectiveness of these laws:

  • Punishes offenders twice for the same crime after they’ve served their sentence
  • Can make it very difficult for past offenders to find housing and employment
  • Registries can be over-inclusive, adding teens convicted of minor offenses
  • No strong evidence registries effectively prevent re-offending
  • Registries often have inaccurate or outdated information

While sex offender registries seem like common sense, the research suggests they may do more harm than good. There are concerns they violate civil liberties without effectively preventing crimes. Some experts argue for more tailored, evidence-based policies that address public safety while upholding rights.

Conclusion

New Jersey Section 2C:7-2 establishes the state’s requirements for sex offender registration. This controversial law forces people convicted of a wide range of sex offenses to register with police on an ongoing basis. Offenders must provide extensive personal information and face criminal penalties for failing to comply. While the intent is to protect the public, critics argue registries are overly broad, inaccurate and ineffective. The pros and cons of sex offender registration continue to be debated in New Jersey and across the country.

Sources

  1. Should We Abolish the Sex Offender Registry? – The New York Times
  2. Long-term Recidivism Studies Show High Arrest Rates for Sex Offenders | Prison Legal News
  3. Raised on the Registry: The Irreparable Harm of Placing Children on Sex Offender Registries in the US | HRW
  4. Sex Offender Registration and Notification – National Institute of Justice
  5. The big lie about sex offenders – The Washington Post
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