2C:7-2. Registration of Sex Offenders; Definition; Requirements; Penalties.
2. a. (1) A
person who has been convicted, adjudicated delinquent or found not
guilty by reason of insanity for commission of a sex offense as defined
in subsection b. of this section shall register as provided in
subsections c. and d. of this section.
(2)A
person who in another jurisdiction is required to register as a sex
offender and (a) is enrolled on a full-time or part-time basis in any
public or private educational institution in this State, including any
secondary school, trade or professional institution, institution of
higher education or other post-secondary school, or (b) is employed or
carries on a vocation in this State, on either a full-time or a
part-time basis, with or without compensation, for more than 14
consecutive days or for an aggregate period exceeding 30 days in a
calendar year, shall register in this State as provided in subsections
c. and d. of this section.
(3)A person who fails to register as required under this act shall be guilty of a crime of the third degree.
b.For the purposes of this act a sex offense shall include the following:
(1)Aggravated
sexual assault, sexual assault, aggravated criminal sexual contact,
kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1
or an attempt to commit any of these crimes if the court found that the
offender's conduct was characterized by a pattern of repetitive,
compulsive behavior, regardless of the date of the commission of the
offense or the date of conviction;
(2)A
conviction, adjudication of delinquency, or acquittal by reason of
insanity for aggravated sexual assault; sexual assault; aggravated
criminal sexual contact; kidnapping pursuant to paragraph (2) of
subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by
engaging in sexual conduct which would impair or debauch the morals of
the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the
welfare of a child pursuant to paragraph (3) or (4) or subparagraph (a)
of paragraph (5) of subsection b. of N.J.S.2C:24-4; luring or enticing
pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); criminal sexual
contact pursuant to N.J.S.2C:14-3b. if the victim is a minor; kidnapping
pursuant to N.J.S.2C:13-1, criminal restraint pursuant to
N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the
victim is a minor and the offender is not the parent of the victim;
knowingly promoting prostitution of a child pursuant to paragraph (3) or
paragraph (4) of subsection b. of N.J.S.2C:34-1; or an attempt to
commit any of these enumerated offenses if the conviction, adjudication
of delinquency or acquittal by reason of insanity is entered on or after
the effective date of this act or the offender is serving a sentence of
incarceration, probation, parole or other form of community supervision
as a result of the offense or is confined following acquittal by reason
of insanity or as a result of civil commitment on the effective date of
this act;
(3)A
conviction, adjudication of delinquency or acquittal by reason of
insanity for an offense similar to any offense enumerated in paragraph
(2) or a sentence on the basis of criteria similar to the criteria set
forth in paragraph (1) of this subsection entered or imposed under the
laws of the United States, this State or another state.
(4)
Notwithstanding the provisions of paragraph (1), (2) or (3) of this
subsection, a sex offense shall not include an adjudication of
delinquency for endangering the welfare of a child pursuant to paragraph
(4) or (5) of subsection b. of N.J.S.2C:24-4, provided that the actor
demonstrates that:
(a)the
facts of the case are limited to the creation, exhibition or
distribution of a photograph depicting nudity as defined in
N.J.S.2C:24-4 through the use of an electronic communications device, an
interactive wireless communications device, or a computer;
(b)the creator and subject of the photograph are juveniles or were juveniles at the time of its making; and
(c)the subject of the photograph whose nudity is depicted knowingly consented to the making of the photograph.
c.A
person required to register under the provisions of this act shall do
so on forms to be provided by the designated registering agency as
follows:
(1)A
person who is required to register and who is under supervision in the
community on probation, parole, furlough, work release, or a similar
program, shall register at the time the person is placed under
supervision or no later than 120 days after the effective date of this
act, whichever is later, in accordance with procedures established by
the Department of Corrections, the Department of Human Services, the
Juvenile Justice Commission established pursuant to section 2 of
P.L.1995, c.284 (C.52:17B-170) or the Administrative Office of the
Courts, whichever is responsible for supervision;
(2)A
person confined in a correctional or juvenile facility or involuntarily
committed who is required to register shall register prior to release
in accordance with procedures established by the Department of
Corrections, the Department of Human Services or the Juvenile Justice
Commission and, within 48 hours of release, shall also register with the
chief law enforcement officer of the municipality in which the person
resides or, if the municipality does not have a local police force, the
Superintendent of State Police;
(3)A
person moving to or returning to this State from another jurisdiction
shall register with the chief law enforcement officer of the
municipality in which the person will reside or, if the municipality
does not have a local police force, the Superintendent of State Police
within 120 days of the effective date of this act or 10 days of first
residing in or returning to a municipality in this State, whichever is
later;
(4)A
person required to register on the basis of a conviction prior to the
effective date who is not confined or under supervision on the effective
date of this act shall register within 120 days of the effective date
of this act with the chief law enforcement officer of the municipality
in which the person will reside or, if the municipality does not have a
local police force, the Superintendent of State Police;
(5)A
person who in another jurisdiction is required to register as a sex
offender and who is enrolled on a full-time or part-time basis in any
public or private educational institution in this State, including any
secondary school, trade or professional institution, institution of
higher education or other post-secondary school shall, within ten days
of commencing attendance at such educational institution, register with
the chief law enforcement officer of the municipality in which the
educational institution is located or, if the municipality does not have
a local police force, the Superintendent of State Police;
(6)A
person who in another jurisdiction is required to register as a sex
offender and who is employed or carries on a vocation in this State, on
either a full-time or a part-time basis, with or without compensation,
for more than 14 consecutive days or for an aggregate period exceeding
30 days in a calendar year, shall, within ten days after commencing such
employment or vocation, register with the chief law enforcement officer
of the municipality in which the employer is located or where the
vocation is carried on, as the case may be, or, if the municipality does
not have a local police force, the Superintendent of State Police;
(7)In
addition to any other registration requirements set forth in this
section, a person required to register under this act who is enrolled
at, employed by or carries on a vocation at an institution of higher
education or other post-secondary school in this State shall, within ten
days after commencing such attendance, employment or vocation, register
with the law enforcement unit of the educational institution, if the
institution has such a unit.
d.
(1) Upon a change of address, a person shall notify the law enforcement
agency with which the person is registered and shall re-register with
the appropriate law enforcement agency no less than 10 days before he
intends to first reside at his new address. Upon a change of employment
or school enrollment status, a person shall notify the appropriate law
enforcement agency no later than five days after any such change. A
person who fails to notify the appropriate law enforcement agency of a
change of address or status in accordance with this subsection is guilty
of a crime of the third degree.
(2)A
person required to register under this act shall provide the
appropriate law enforcement agency with information as to whether the
person has routine access to or use of a computer or any other device
with Internet capability. A person who fails to notify the appropriate
law enforcement agency of such information or of a change in the
person's access to or use of a computer or other device with Internet
capability or who provides false information concerning the person's
access to or use of a computer or any other device with Internet
capability is guilty of a crime of the third degree.
e.A
person required to register under paragraph (1) of subsection b. of
this section or under paragraph (3) of subsection b. due to a sentence
imposed on the basis of criteria similar to the criteria set forth in
paragraph (1) of subsection b. shall verify his address with the
appropriate law enforcement agency every 90 days in a manner prescribed
by the Attorney General. A person required to register under paragraph
(2) of subsection b. of this section or under paragraph (3) of
subsection b. on the basis of a conviction for an offense similar to an
offense enumerated in paragraph (2) of subsection b. shall verify his
address annually in a manner prescribed by the Attorney General. In
addition to address information, the person shall provide as part of the
verification process any additional information the Attorney General
may require. One year after the effective date of this act, the Attorney
General shall review, evaluate and, if warranted, modify pursuant to
the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.)
the verification requirement. Any person who knowingly provides false
information concerning his place of residence or who fails to verify his
address with the appropriate law enforcement agency or other entity, as
prescribed by the Attorney General in accordance with this subsection,
is guilty of a crime of the third degree.
f.Except
as provided in subsection g. of this section, a person required to
register under this act may make application to the Superior Court of
this State to terminate the obligation upon proof that the person has
not committed an offense within 15 years following conviction or release
from a correctional facility for any term of imprisonment imposed,
whichever is later, and is not likely to pose a threat to the safety of
others.
g.A
person required to register under this section who has been convicted
of, adjudicated delinquent, or acquitted by reason of insanity for more
than one sex offense as defined in subsection b. of this section or who
has been convicted of, adjudicated delinquent, or acquitted by reason of
insanity for aggravated sexual assault pursuant to subsection a. of
N.J.S.2C:14-2 or sexual assault pursuant to paragraph (1) of subsection
c. of N.J.S.2C:14-2 is not eligible under subsection f. of this section
to make application to the Superior Court of this State to terminate the
registration obligation.
L.1994,
c.133, s.2; amended 1995, c.280, s.18; 2001, c.392; 2003, c.34, s.1;
2003, c.219; 2003, c.220; 2007, c.19, s.1; 2007, c.219, s.2; 2013,
c.214, s.1.
