2C:7-13. Development, Maintenance of System on the Internet Registry.
2. a. Pursuant to
the provisions of this section, the Superintendent of State Police
shall develop and maintain a system for making certain information in
the central registry established pursuant to subsection d. of section 4
of P.L.1994, c.133 (C.2C:7-4) publicly available by means of electronic
Internet technology.
b.
The
public may, without limitation, obtain access to the Internet registry
to view an individual registration record, any part of, or the entire
Internet registry concerning all offenders:
(1)
whose risk of re-offense is high;
(2)
whose
risk of re-offense is moderate or low and whose conduct was found to be
characterized by a pattern of repetitive, compulsive behavior pursuant
to the provisions of N.J.S.2C:47-3; or
(3)
for
whom the court has ordered notification in accordance with paragraph
(3) of subsection c. of section 3 of P.L.1994, c.128 (C.2C:7-8),
regardless of the age of the offender.
c.
Except
as provided in subsection d. of this section, the public may, without
limitation, obtain access to the Internet registry to view an individual
registration record, any part of, or the entire Internet registry
concerning offenders whose risk of re-offense is moderate and for whom
the court has ordered notification in accordance with paragraph (2) of
subsection c. of section 3 of P.L.1994, c.128 (C.2C:7-8).
d.
The
individual registration record of an offender whose risk of re-offense
has been determined to be moderate and for whom the court has ordered
notification in accordance with paragraph (2) of subsection c. of
section 3 of P.L.1994, c.128 (C.2C:7-8) shall not be made available to
the public on the Internet registry if the sole sex offense committed by
the offender which renders him subject to the requirements of P.L.1994,
c.133 (C.2C:7-1 et seq.) is one of the following:
(1)
An adjudication of delinquency for any sex offense as defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2);
(2)
A
conviction or acquittal by reason of insanity for a violation of
N.J.S.2C:14-2 or N.J.S.2C:14-3 under circumstances in which the offender
was related to the victim by blood or affinity to the third degree or
was a resource family parent, a guardian, or stood in loco parentis
within the household; or
(3)
A
conviction or acquittal by reason of insanity for a violation of
N.J.S.2C:14-2 or N.J.S.2C:14-3 in any case in which the victim assented
to the commission of the offense but by reason of age was not capable of
giving lawful consent.
For
purposes of this subsection, "sole sex offense" means a single
conviction, adjudication of guilty or acquittal by reason of insanity,
as the case may be, for a sex offense which involved no more than one
victim, no more than one occurrence or, in the case of an offense which
meets the criteria of paragraph (2) of this subsection, members of no
more than a single household.
e.
Notwithstanding
the provisions of paragraph d. of this subsection, the individual
registration record of an offender to whom an exception enumerated in
paragraph (1), (2) or (3) of subsection d. of this section applies shall
be made available to the public on the Internet registry if the
offender's conduct was characterized by a pattern of repetitive,
compulsive behavior, or the State establishes by clear and convincing
evidence that, given the particular facts and circumstances of the
offense and the characteristics and propensities of the offender, the
risk to the general public posed by the offender is substantially
similar to that posed by offenders whose risk of re-offense is moderate
and who do not qualify under the enumerated exceptions.
f.
Unless
the offender's conduct was characterized by a pattern of repetitive,
compulsive behavior, the individual registration records of offenders
whose risk of re-offense is low or of offenders whose risk of re-offense
is moderate but for whom the court has not ordered notification in
accordance with paragraph (2) of subsection c. of section 3 of P.L.1994,
c.128 (C.2C:7-8) shall not be available to the public on the Internet
registry.
g.
The
information concerning a registered offender to be made publicly
available on the Internet shall include: the offender's name and any
aliases the offender has used or under which the offender may be or may
have been known; any sex offense as defined in subsection b. of section 2
of P.L.1994, c.133 (C.2C:7-2) for which the offender was convicted,
adjudicated delinquent or acquitted by reason of insanity, as the case
may be; the date and location of disposition; a brief description of any
such offense, including the victim's gender and indication of whether
the victim was less than 18 years old or less than 13 years old; a
general description of the offender's modus operandi, if any; the
determination of whether the risk of re-offense by the offender is
moderate or high; the offender's age, race, sex, date of birth, height,
weight, hair, eye color and any distinguishing scars or tattoos; a
photograph of the offender and the date on which the photograph was
entered into the registry; the make, model, color, year and license
plate number of any vehicle operated by the offender; and the street
address, zip code, municipality and county in which the offender
resides.
L.2001, c.167, s.2; amended 2004, c.130, s.12; 2004, c.151; 2013, c.214, s.2.