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Imo Registrant N.B. (073613)
117 A.3d 1196
N.J.
2015
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Background

  • N.B., age 19, was indicted in 2011 for aggravated sexual assault, sexual assaults, and endangering the welfare of a child for acts with his minor half-sister living in the same household.
  • N.B. pled guilty to one count of sexual assault by sexual contact with a child under 13, admitting to multiple acts with the half-sister.
  • The trial court designated N.B. as a Tier 2 offender under Megan’s Law and considered household/incest protections to internet publication eligibility.
  • The trial court held N.B. did not qualify for the household/incest exception (N.J.S.A. 2C:7-13(d)(2)) and ordered Megan’s Law internet registry access.
  • An appellate panel affirmed the decision denying the household/incest exception, and the Supreme Court granted certification to resolve statutory interpretation.
  • The Court held the 2004 amendment defining “sole sex offense” clarifies the household/incest exception, applying it to N.B. and remanded for public-access determination.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Does the household/incest exception apply to a single conviction with multiple acts against a relative? N.B. argues the exception can apply where a single conviction covers multiple acts. State contends no exception if more than one offense occurred against the same victim. Yes; household/incest applies to a single conviction with multiple acts within a household.
What is the interpretive effect of the 2004 amendment defining “sole sex offense” on N.J.S.A. 2C:7-13(d)(2)? N.B. asserts the amendment clarifies the scope of the exception. State argues the amendment does not broaden the exception beyond a single offense. Amendment clarifies that the household/incest exception can apply when a single conviction meets 2C:7-13(d)(2) and involves a single household.
If the household/incest exception applies, may the record still be released publicly under N.J.S.A. 2C:7-13(e)? N.B. may be shielded from public internet exposure. State may seek public access under 2C:7-13(e) if pattern or risk criteria are shown. Remand to determine under 2C:7-13(e) whether public release is warranted.

Key Cases Cited

  • State v. Gandhi, 201 N.J. 161 (2010) (statutory interpretation and deference to RRAS in Megan’s Law context)
  • In re Civil Commitment of J.M.B., 197 N.J. 563 (2009) (interpretation principles for statutory text; give meaning to all words)
  • State v. Lenihan, 219 N.J. 251 (2014) (goal of interpreting statutes to ascertain legislative intent)
  • State v. Shelley, 205 N.J. 320 (2011) (plain-language approach to statutory interpretation)
  • State v. Williams, 218 N.J. 576 (2014) (interpretive framework for statutory text and extrinsic aids)
  • Bolvito, 217 N.J. 221 (2014) (analysis of statutory text and legislative history for Megan’s Law)
Read the full case

Case Details

Case Name: Imo Registrant N.B. (073613)
Court Name: Supreme Court of New Jersey
Date Published: Jul 7, 2015
Citation: 117 A.3d 1196
Docket Number: A-94-13
Court Abbreviation: N.J.