Public Safety
Crime Prevention
Megan's Law
Prompted by the tragic murders of Megan Kanka and Amanda Wengert, citizens of this state demanded a law that would let them know when a convicted sex offender is living in their neighborhood. Former Governor Christine Todd Whitman and the state Legislature responded by approving a series of laws collectively known as "Megan's Law."
Megan's Law created a registration and notification procedure to alert law enforcement, schools, community organizations and neighbors to the presence of a sex offender who authorities believe may pose a risk to the community. This information is designed to enhance public safety and awareness. However, no law can guarantee the protection of our children. There is no substitute for common-sense safety precautions, such as teaching our children whom to trust and knowing where they are at all times. This web page answers many of the common questions that people ask about Megan's Law.
Common Questions & Topics Concerning Megan's Law
Who must register under Megan's Law?
What types of offenses require registration?
Where does an offender register?
What is Community Notification?
Who receives Community Notification?
What is a "School or Community Group"?
What types of groups are automatically qualified?
Megan's Law and buying your new home
How do I find out if there are any sex
offenders and what type of information is available?
Who must register under Megan's Law?
- Those who were ever found to be a compulsive and repetitive sex offender by the Court at the time of their conviction regardless of the date of the conviction.
- Any individual who was convicted, adjudicated, or found not guilty by reason of insanity of any of the crimes listed below, after the enactment of Megan's Law on October 31, 1994.
- Any individual who was under some type of supervision on October 31, 1994. "Supervision" could mean that the individual was in the county jail, a state prison, on probation, or on parole.
- Any person who is required to register as a sex offender in this state or another state and is either is enrolled or employed on a full-time or part-time basis in any public or private educational institution in this State.
What types of offenses require registration?
- Aggravated Sexual Assault
- Sexual Assault
- Aggravated Sexual Contact
- Sexual Contact, if the victim is less than 18 years of age
- Endangering the Welfare of a Child, by engaging in sexual conduct
- Endangering the welfare of a child, by participating in child pornography
- Child Luring or Enticing
- Kidnapping, if the victim is less than 18 years of age and the offender is not the parent or guardian
- Criminal Restraint, if the victim is less than 18 years of age and the offender is not a parent or guardian
- False Imprisonment, if the victim is less than 18 years of age and the offender is not a parent or guardian
- Promoting Prostitution of a Child
- An attempt to commit any of the above crimes or a crime of a similar nature in another state
Where does an offender register?
An individual who is required to register must do so at the local police department in the community where he or she resides. If their town does not have a police department, he or she must register with the State Police.
What is Community Notification?
Community Notification is a means of alerting the community that a sex offender, who has been determined to be a moderate risk or high risk to re-offend, is living in the community. This determination is made by a Superior Court Judge.
Who receives Community Notification?
|
Tier |
Risk Level |
Who Receives Notification |
|
1. |
Low Risk To Re-Offend |
Police in the towns in which the registrant lives, works and/or goes to school |
|
2. |
Moderate Risk To Re-Offend |
Police in the towns in which the registrant lives, works and/or goes to school; Schools and registered community groups who are charged with the care of children and women in a Court approved designated area around where the registrant lives, works, and/or goes to school Internet Notification on Some Offenders |
|
3. |
High Risk to Re-Offend |
Police in the towns in which the registrant lives, works and/or goes to school; Schools and registered community groups who are charged with the care of children and women in a Court approved designated area around where the registrant lives, works and/or goes to school; The general public in a Court approved designated area around where the registrant lives, works, and/or goes to school Internet Notification on Some Offenders |
What is a "School or Community Group"?
A "school or community group" has been defined as anyone that owns or operates an establishment where children gather under their care or where women are cared for.
What types of groups are automatically qualified?
Public Schools, Licensed Day Care Facilities, and Summer Camps. In order to qualify as a school or community which will receive notice, the court must find that the members of the group are "likely to encounter" the registrant.
If you belong to a school or community group and would like to make an application to receive this type of notice, you may file an application with your local police department. Examples of such groups would include: Boy Scouts, Girl Scouts, Little League, Department of Recreation, PAL, Battered Women's Shelter.
This application should be filed with your local Police Department.
Megan's Law and buying your new home
You have found the home of your dreams. A beautiful home - a great place to raise your children. The home inspector's report is in - everything has been approved. The schools have a terrific reputation.
You are about to sign the contract, when you see the following clause:
MEGAN'S LAW STATEMENT - Under New Jersey law, the county prosecutor determines whether and how to provide notice of convicted sex offenders in an area. In their professional capacity, real estate licensees are not entitled to notification by the county prosecutor under Megan's Law and are unable to obtain such information for you. Upon closing, the county prosecutor may be contacted for such further information as may be disclosable to you.
How could this happen in your ideal neighborhood? Could there really be convicted sex offenders in this perfect setting? The answer is yes.
How do I find out if there are any sex offenders and what type of information is available?
Law Enforcement will be able to give you specific information on any offenders in the area, but not until after you have moved in. The State must be able to show a court that you are "likely to encounter" the offender.
Assuming the Court allows community notification to continue, the first thing you have to do to obtain this type of information is to contact the Megan's Law Unit of our office. You must be able to show that you reside in the home. You may present the lease or deed to the home, or a recent utility bill. This information may not be disclosed to you until after you move into your home.
Once this information has been confirmed, you may receive information on any registered sex offender who lives in your neighborhood and has been classified as a high risk to re-offend.
However, important information is available to you at any time at the New Jersey State Police Sex Offender Internet Registry. This site is updated daily and provides information that is import to the safety of your family.
The purpose of this information is to permit you to protect the children in your care from potential harm. Any actions taken by you against this individual, including vandalism of property, verbal or written threats of harm or physical assault against the person or their family, will result in your arrest and prosecution for criminal acts. For additional information, click on the link below.
