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