A MESSAGE FROM THE ATTORNEY GENERAL

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. Governor Christine Todd Whitman and the state Legislature responded by approving a series of laws collectively know 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.

We are all partners in making this law work. we have an obligation to act responsibly with the information we receive. No one has the right to take the law into his or her own hands by threatening or harming a sex offender. Vigilante acts will be prosecuted to the fullest extent of the law.

BACKGROUND INFORMATION

The parents of 7 year old Megan Kanka of Hamilton Township did not know that a twice-convicted sex offender was living across the street until that neighbor was charged with the brutal rape and murder of their daughter.

The crime, occurring only months after a similar incident in Monmouth County, prompted passage of state laws requiring notification about sex offenders who may pose a risk to the community.

New Jersey's law, commonly known as "Megan’s Law", requires convicted sex offenders to register with local police. Megan’s Law also establishes a three-tier notification process to provide information about offenders to law enforcement agencies and, when appropriate, to the public. The type of notification is based on an evaluation of the risk to the community from a particular offender. The Attorney General’s office, in consultation with a 12 member council, has provided county prosecutors, who must make the evaluation, with the factors to be used in determining the level of risk posed by the offender. Equipped with the descriptions and whereabouts of high-risk offenders, communities will be better able to protect their children.

WHO IS REQUIRED TO REGISTER UNDER MEGAN’S LAW

1. Those individuals who were found to be a compulsive and repetitive sex offender.
2. 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.
3. Any individual who was under some type of supervision on October 31, 1994. The term "supervision" could mean that the individual was in the county jail, a state prison, on probation, or on parole.

CRIMES REQUIRING NOTIFICATION

1. Aggravated Sexual Assault;
2. Sexual Assault;
3. Aggravated Criminal Sexual Contact;
4. Criminal Sexual Contact if the victim was less than 18 years of age;
5. Endangering the Welfare of a Child involving sexual conduct;
6. Endangering the Welfare of a Child involving photographing or filming a child engaging in sexual conduct;
7. Child Luring;
8. Kidnapping, if the victim is less than 18 years of age and the offender is not the parent or guardian;
9. Criminal Restraint, if the victim is less than 18 years of age and the offender is not a parent or guardian;
10. False Imprisonment, if the victim is less than 18 years of age and the offender is not a parent or guardian;
11. An attempt to commit any of the above listed crimes.

For the purposes of Megan’s Law, a "school or community group" has been defined as anyone that owns or operates an establishment where children gather under their acre or where women are cared for.

The following groups automatically qualify:

1. Public schools;
2. Licensed day care facilities;
3. Summer Camps.

In order to qualify as a school or community group that will receive notification, 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 notification, you may file an application with this department. (Evesham Township residents only)

MEGAN’S LAW IMPACT ON BUYING A NEW HOME

When purchasing a home in New Jersey, you will see the following clause in the sales contract:

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 do you ascertain if there are any known sex offenders living in the neighborhood and what type of information is available?
You must contact the prosecutor's office in the county where the home is located and request any such information which may be available for release. You will be required to show that you reside in the residence by producing a lease, deed or recent utility bill. If there is information regarding a known sex offender that you are entitled to receive, it will be disclosed to you at that time. By law, this information cannot be disclosed to you until after you have moved into the residence. Once this 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. You may also check the NJ Sex Offenders Internet Registry.

What is the purpose of Megan's Law?
Megan's Law is designed to help protect our community by providing information about convicted sex offenders to law enforcement agencies and, in the case of moderate and high-risk offenders, community organizations and the public. The notice will allow communities to take informed and responsible steps to prevent harm.

What factors are considered in determining the risk of re-offending?
Megan's Law and its guidelines list numerous factors to be considered in weighing the risk of re-offending, including post-incarceration supervision, the status of therapy or counseling, criminal background, degree of remorse for criminal acts, substance abuse, employment or schooling status, psychological or psychiatric profile, and history of threats or of stalking locations where children congregate.

What information is provided in a notification?
In all three levels of notification, the information provided includes the offender's name, description and photograph, address, place of employment or school if applicable, a description of the offender's vehicle and license plate number, and a brief description of the offense.

How will I be informed?
You will receive personal notification of the location of all Tier 3 (high-risk) offenders in your neighborhood that you are likely to encounter. A law enforcement official, such as a police officer or investigator from the county prosecutor's office, will come to your residence and provide you with the pertinent information about offenders in your neighborhood.

What should I do if I receive a notification?
Reinforce general precautions about staying away from strangers and ask your children to tell you or their caretakers where they will be at all times. Use the information responsibly. Talk to your children. Tell them to treat the sex offender as a stranger. Tell them where the sex offender lives, what he or she looks like and what to do if they encounter or are approached by that person. If you believe that a crime is being committed by a sex offender, contact your police agency immediately as you would do in any case of suspected criminal activity.

What am I prohibited from doing?
The prosecutor and the courts are responsible for determining who should receive notification about the presence of a particular individual in the community. You should not take it upon yourself to provide any information you receive to others in the community. 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. The purpose of this information is to permit you to protect the children in your care from potential harm. Vigilantism is not only a crime, it is an action that will serve to undermine the efforts of those who have worked hard to enact the law.

For further information on Megan's Law contact the Burlington County Prosecutor's Office at (856) 265-5035 or go to the NJ Sex Offender Internet Registry