Imo Registrant A.D. Imo Registrant J.B. Imo Registrant C.m(076345) (Burlington County and Statewide)
A-55-15
| N.J. | Feb 7, 2017Background
- Three registrants (A.D., J.B., C.M.) convicted of sexual/offense-related crimes were subject to Megan’s Law registration requirements and later sought termination of those obligations after 15+ years.
- Each registrant had an intervening conviction after their sex-offense conviction: A.D. (failure to notify parole officer, 2005), J.B. (failure to notify change of address, 2007), C.M. (violation of a final restraining order under the Prevention of Domestic Violence Act).
- Trial courts denied (or vacated a grant and denied on reconsideration) termination applications, treating the intervening convictions as bars under N.J.S.A. 2C:7-2(f).
- Appellate Division affirmed, holding that the Code’s general definitional provision—N.J.S.A. 2C:1-14(k)—defines “offense” in N.J.S.A. 2C:7-2(f) to mean any crime, disorderly persons offense, or petty disorderly persons offense, not only a sex offense.
- The Supreme Court granted certification and affirmed the Appellate Division substantially for the same reasons; the Court rejected the narrower construction that “offense” in 2C:7-2(f) means only a sex offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does “offense” in N.J.S.A. 2C:7-2(f) mean any crime/disorderly persons offense (per N.J.S.A. 2C:1-14(k)) or only a “sex offense”? | Registrants: "offense" means only a sex offense for purposes of the 15-year bar; intervening non-sex convictions should not preclude termination. | State: "offense" adopts the Code definition—crime, disorderly persons, or petty disorderly persons offense—so intervening convictions of any such type bar termination. | The Court adopted the Code definition: "offense" includes crimes and disorderly persons offenses, not limited to sex offenses; affirmed App. Div. decision. |
| Whether trial courts must interpret the 15-year bar by reference to Megan’s Law’s purpose to limit scope to sex offenses. | Registrants: statutory purpose favors limiting "offense" to sex offenses to allow relief when no subsequent sex conduct occurred. | State: plain statutory text and the Code definition control; broader meaning is consistent with prior precedent. | The Court relied on statutory text and precedent (Doe v. Poritz) over purposive narrowing; rejected registrants’ broader purposive argument. |
Key Cases Cited
- In the Matter of Registrant A.D., J.B., and C.M., 441 N.J. Super. 403 (App. Div. 2015) (Appellate Division opinion affirming denial of termination based on Code definition of “offense”)
- Doe v. Poritz, 142 N.J. 1 (1995) (Supreme Court interpretation of Megan’s Law informing statutory construction)
