| FAILURE TO REGISTER AS A SEX OFFENDER in NJ (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 ifhe/shehas been convicted (or adjudicated delinquent or found not guilty by reason of insanity)[1]for commission of a sex offense and ifhe/sheknowingly 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 toN.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 defendants 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 toN.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 toN.J.S.A.2C:24-4a;
(f) endangering the welfare of a child pursuant toN.J.S.A.2C:24-4b(4);
(g) luring or enticing a child pursuant toN.J.S.A.2C:13-6;
(h) criminal sexual contact pursuant toN.J.S.A.2C:14-3b if the victim is a minor;
(i) kidnaping pursuant toN.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 toN.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 toN.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 forhis/herconduct becausehe/shewas 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 toN.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 toN.J.S.A.2C:24-4a;
(f) endangering the welfare of a child pursuant toN.J.S.A.2C:24-4b(4);
(g) luring or enticing a child pursuant toN.J.S.A.2C:13-6;
(h) criminal sexual contact pursuant toN.J.S.A.2C:14-3b if the victim is a minor;
(i) kidnapping pursuant toN.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 toN.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 toN.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 forhis/herconduct becausehe/shewas 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 toN.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 offenders 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 ofhis/herobligation 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 timehe/sheis 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 whichhe/shepreviously registered and must have re-registered with the appropriate law-enforcement agency no less than 10 days beforehe/sheintends to first reside athis/hernew 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 ofhis/herconduct or the attendant circumstances ifhe/sheis aware thathis/herconduct is of that nature, or that such circumstances exist, orhe/sheis aware of a high probability of their existence.A person acts knowingly with respect to a result ofhis/herconduct ifhe/sheis aware that it is practically certain thathis/herconduct 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 inN.J.S.A.2C:7-2b(1), this language should be omitted.If the indictment is based on a sex offense as defined inN.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 inN.J.S.A.2C:7-2b(1), this language should be omitted.If the indictment is based on a sex offense as defined inN.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 inN.J.S.A.2C:7-2b(1), this language should be omitted.If the indictment is based on a sex offense as defined inN.J.S.A.2C:7-2b(2) or (3), this language should be included in the charge.
[6]This is 120 days from October 31, 1994, the effective date of the statute.
[7]Where
an issue arises as to the defendants 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 defendants compliance with the procedures
established by the appropriate agency, the jury should be instructed as
to what the appropriate procedures were.
[9]This is 120 days from October 31, 1994, the effective date of the statute.
[10]This is 120 days from October 31, 1994, the effective date of the statute.
|
| Consequences of a Criminal Guilty Plea 1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) 2. Do you understand that if you plead guilty: a. You will have a criminal record3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail. 4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing. 5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution. 6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty. 7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty. 8. You must wait 5-10 years to expunge a first offense. 2C:52-3 9. You could be put on Probation. 10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30. 11. You may be required to do Community Service. 12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty. 13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. 14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation. 15. You lose the presumption against incarceration in future cases. 2C:44-1 16. You may lose your right to vote. The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense. Jail for Crimes and Disorderly Conduct: If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms. NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years; (2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years; (3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years; (4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months. 2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed: a. (1) $200,000.00 when the conviction is of a crime of the first degree; (2) $150,000.00 when the conviction is of a crime of the second degree; b. (1) $15,000.00 when the conviction is of a crime of the third degree; (2) $10,000.00 when the conviction is of a crime of the fourth degree; c. $1,000.00, when the conviction is of a disorderly persons offense; d. $500.00, when the conviction is of a petty disorderly persons offense; If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500 |
Thursday, February 11, 2016
FAILURE TO REGISTER AS A SEX OFFENDER in NJ
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