Termination of Meghan’s Law Obligations for Juvenile Delinquents
- On April 26, 2018
On April 25, 2018, the New Jersey Supreme Court determined in State In Interest Of C.K. that N.J.S.A. 2C:7-2(g)’s lifetime registration and notification requirements for sex offenses (“Meghan’s Law”) unconstitutional as applied to juveniles adjudicated delinquent because the statute violates their substantive due process rights under the New Jersey State Constitution. Under N.J.S.A. 2C:7-2(f) an adult or juvenile, subject to subsection (g), may apply to the Court to terminate his or her Meghan’s Law Obligations if he or she remains offense free for fifteen (15) years from the date of conviction/adjudication or release from a correctional facility whichever is later, and he or she is not likely to pose a threat to the safety of others. However, subsection (g) restricts such relief if the conviction/adjudication is for more than one sex offense or for a violation of aggravated sexual assault under subsection (a) of N.J.S.A. 2C:14-2 or sexual assault under subsection (c)(1) of N.J.S.A. 2C:14-2. Pursuant to the holding in State In Interest Of C.K. the subsection (g) disqualifiers no longer apply to juveniles adjudicated delinquent as a sex offender and subject to an offense free waiting period and a Court hearing, his or her Meghan’s Law Obligations may be terminated.