FAILURE TO REGISTER AS A SEX OFFENDER
(N.J.S.A. 2C:7-2a)
The
indictment charges the defendant with the offense of failing to register as a
sex offender as follows:
(Read pertinent count of the
indictment)
The
statute on which this charge is based provides that an actor is guilty of the
offense of failing to register as a sex offender if he/she has been convicted (or adjudicated delinquent or found not guilty by
reason of insanity)[1]
for commission of a sex offense and if he/she knowingly fails to register as a sex offender as required by law.
In
order for you to find the defendant guilty of failing to register as a sex
offender, you must find that the State has proved beyond a reasonable doubt the
following elements:
(1) that the defendant was required by law to
register as a sex offender; and
(2)
that
the defendant knowingly failed to register as a sex offender as required by
law.
The
first element that the State must prove beyond a reasonable doubt is that the
defendant was required by law to register as a sex offender. The law requires that those who have been
convicted (adjudicated delinquent or found not guilty by reason of insanity)[2] of a sex
offense, as that term is defined by the law, must register as sex offenders.
The
law defines sex offense as follows:
(Choose appropriate section)
(1) a conviction for:
(a) aggravated sexual assault;
(b) sexual assault;
(c) aggravated criminal sexual contact;
(d) kidnaping pursuant to N.J.S.A.
2C:13-1c(2); or
(e) an attempt to commit any of these
crimes.
A
conviction for any of these offenses constitutes a sex offense if the
sentencing court found that the defendant’s conduct was characterized by a
pattern of repetitive, compulsive behavior.[3]
A
conviction is defined as an adjudication that the defendant committed the
offense. A conviction can arise through
a guilty plea or through a guilty finding by a judge or jury.
(or)
(2)
a conviction, adjudication of delinquency or acquittal by reason of insanity
for:
(a) aggravated sexual assault;
(b) sexual assault;
(c) aggravated criminal sexual contact;
(d) kidnaping pursuant to N.J.S.A.
2C:13-1c(2);
(e) endangering the
welfare of a child by engaging in sexual conduct which would impair or debauch
the morals of a child pursuant to N.J.S.A. 2C:24-4a;
(f) endangering the welfare of a child
pursuant to N.J.S.A. 2C:24-4b(4);
(g) luring or enticing a child pursuant
to N.J.S.A. 2C:13-6;
(h) criminal sexual contact pursuant to N.J.S.A.
2C:14-3b if the victim is a minor;
(i) kidnaping pursuant to
N.J.S.A. 2C:13-1 if the victim is a minor and the offender is not the
parent of the victim;
(j) criminal restraint
pursuant to N.J.S.A. 2C:13-2 if the victim is a minor and the offender
is not the parent of the victim;
(k) false imprisonment
pursuant to N.J.S.A. 2C:13-3 if the victim is a minor and the offender
is not the parent of the victim; or
(l)
an attempt to commit any of these crimes;
A
conviction, adjudication of delinquency or acquittal by reason of insanity for
any of the above offenses constitutes a sex offense if:
(a) the conviction,
adjudication of insanity or acquittal by reason of insanity was entered on or
after October 31, 1994, the effective date of this statute; or
(b) the defendant was
serving a sentence of incarceration, probation, parole or other form of
community supervision on October 31, 1994, the effective date of this statute,
as a result of the offense; or
(c) the defendant was
confined following acquittal by reason of insanity or as a result of civil
commitment on October 31, 1994, the effective date of this statute.
A
conviction is defined as an adjudication that the defendant committed the
offense. A conviction can arise through
a guilty plea or through a guilty finding by a judge or jury.
An
adjudication of delinquency means a finding by a judge that a juvenile offender
committed an act which, if committed by an adult, would constitute the offense.
An
acquittal by reason of insanity is a finding by a judge or jury that the
defendant was not criminally responsible for his/her conduct because he/she was legally insane.
(or)
(3)
a conviction, adjudication of delinquency or acquittal by reason of insanity
entered or imposed under the laws of the United States, this State or another
state for an offense similar to:
(a) aggravated sexual assault;
(b) sexual assault;
(c) aggravated criminal sexual contact;
(d) kidnapping pursuant to N.J.S.A.
2C:13-1c(2);
(e) endangering the welfare of a child by
engaging in sexual conduct which would
impair or
debauch the morals of a child pursuant to N.J.S.A. 2C:24-4a;
(f) endangering the welfare of a child
pursuant to N.J.S.A. 2C:24-4b(4);
(g) luring or enticing a child pursuant
to N.J.S.A. 2C:13-6;
(h) criminal sexual contact pursuant to N.J.S.A.
2C:14-3b if the victim is a minor;
(i) kidnapping pursuant to N.J.S.A.
2C:13-1 if the victim is a minor and the offender
is not the parent of the
victim;
(j) criminal restraint pursuant to N.J.S.A.
2C:13-2 if the victim is a minor and the
offender is
not the parent of the victim; or
(k) false imprisonment pursuant to N.J.S.A.
2C:13-3 if the victim is a minor and the
offender is
not the parent of the victim; or
(l) an attempt to commit any of these
crimes.
A
conviction, adjudication of delinquency or acquittal by reason of insanity for
any offense similar to the above offenses constitutes a sex offense if:
(a)
the conviction, adjudication of delinquency or acquittal by reason of insanity
was entered on or after October 31, 1994, the effective date of this statute;
or
(b)
the defendant was serving a sentence of incarceration, probation, parole or
other form of community supervision on October 31, 1994, the effective date of
this statute, as a result of the offense; or
(c)
the defendant was confined following acquittal by reason of insanity or as a
result of civil commitment on October 31, 1994, the effective date of this
statute.
A
conviction is defined as an adjudication that the defendant committed the
offense. A conviction can arise through
a guilty plea or through a guilty finding by a judge or jury.
An
adjudication of delinquency means a finding by a judge that a juvenile offender
committed an act which, if committed by an adult, would constitute the offense.
An
acquittal by reason of insanity is a finding by a judge or jury that the
defendant was not criminally responsible for his/her conduct because he/she was legally insane.
(or)
(4)
a conviction or adjudication of delinquency entered or imposed under the laws
of the United States, this State or another state for an offense similar to:
(a) aggravated sexual assault;
(b) sexual assault;
(c) aggravated criminal sexual contact;
(d) kidnapping pursuant to N.J.S.A.
2C:13-1c(2); or
(e) an attempt to commit any of these
crimes.
A
conviction or adjudication of delinquency for an offense similar to any of the
above offenses constitutes a sex offense if the sentencing court found that the
offender’s conduct was characterized by a pattern of repetitive, compulsive
behavior or similar standard.[4]
A
conviction is defined as an adjudication that the defendant committed the
offense. A conviction can arise through
a guilty plea or through a guilty finding by a judge or jury.
An
adjudication of delinquency means a finding by a judge that a juvenile offender
committed an act which, if committed by an adult, would constitute the offense.
* * *
The
second element that the State must prove beyond a reasonable doubt is that the defendant,
knowing of his/her obligation to register (or
re-register) as a sex offender, knowingly failed to register (or re-register)
as required by law.
The
law imposes certain registration obligations on persons who have been convicted
(adjudicated delinquent or found not guilty by reason of insanity)[5] for the
commission of a sex offense as I have previously defined that term for you.
(Charge appropriate section)
(1)
A defendant who is under supervision in the community on probation, parole,
furlough, work release, or a similar program must have registered at the time he/she is placed under supervision or by February 28, 1995,[6]
whichever is later.[7]
(or)
(2)
A defendant confined in a correctional or juvenile facility or involuntarily
committed must have registered prior to release.[8]
(or)
(3)
A defendant moving to or returning to this State from another jurisdiction must
have a local police force, the defendant must have registered with the chief
law-enforcement officer office of the municipality in which the defendant will
reside by February 28, 1995,[9] or
within 70 days of first residing in or returning to a municipality in this
State, whichever is later. If the
municipality does not have a local police force, the defendant must have
registered with the superintendent of State Police within the same time period.
(or)
(4)
A defendant who is required to register on the basis of a conviction prior to
the effective date of this act who is not confined or under supervision on
October 31, 1994, the effective date of the statute, must have registered by
February 28, 1995[10] with
the chief law enforcement officer of the municipality in which the defendant
will reside. If the municipality does
not have a local police force, the defendant must have registered with the
Superintendent of State Police within the time period.
(or)
(5)
A defendant who changed addresses within this State must have notified the
law-enforcement agency with which he/she previously registered and must have re-registered with the appropriate
law-enforcement agency no less than 10 days before he/she intends to first reside at his/her new address. The appropriate law-enforcement agency is the
local police force of the municipality in which the defendant will reside. If the municipality does not have a local
police force, the defendant must have registered with the Superintendent of
State Police.
* * *
A
person acts knowingly with respect to the nature of his/her conduct or the attendant
circumstances if he/she is aware that his/her conduct is of that nature, or that
such circumstances exist, or he/she is aware of a high probability of their existence. A person acts knowingly with respect to a
result of his/her conduct if he/she is aware that it is practically certain that his/her conduct will cause such a result.
If
you find that the State has proved each element of the offense beyond a
reasonable doubt, then you must find the defendant guilty.
If
you find that the State has failed to prove any element of the offense beyond a
reasonable doubt, then you must find the defendant not guilty.
[1] If the indictment is based on a sex
offense as defined in N.J.S.A. 2C:7-2b(1), this language should be
omitted. If the indictment is based on a
sex offense as defined in N.J.S.A. 2C:7-2b(2) or (3), this language
should be included in the charge.
[2] If the indictment is based on a sex
offense as defined in N.J.S.A. 2C:7-2b(1), this language should be
omitted. If the indictment is based on a
sex offense as defined in N.J.S.A. 2C:7-2b(2) or (3), this language
should be included in the charge.
[3] This is so regardless of the date of
the commission of the offense or the date of conviction. N.J.S.A. 2C:7-2b(1).
[4] This is so regardless of the date of
the commission of the offense or the date of conviction. N.J.S.A. 2C:7-2b(3).
[5] If the indictment is based on a sex
offense as defined in N.J.S.A. 2C:7-2b(1), this language should be
omitted. If the indictment is based on a
sex offense as defined in N.J.S.A. 2C:7-2b(2) or (3), this language
should be included in the charge.
[7] Where an issue arises as to the
defendant’s compliance with the procedures established by the appropriate
agency, the jury should be instructed as to what the appropriate procedures
were.
[8] Where an issue arises as to the
defendant’s compliance with the procedures established by the appropriate
agency, the jury should be instructed as to what the appropriate procedures
were.
