Typically, when a person is convicted of a sex crime, the person will be deemed a sex offender. This often requires, in part, that the person registers on the internet as a sex offender. There is an exception to the internet registry requirement, however, for people convicted of a single-sex offense committed against a blood-relative, which is usually referred to as the household exception. In a recent case in which the defendant objected to the internet registry requirement, a New Jersey appellate court analyzed whether the household exception applies to a person convicted of sex crimes against multiple children in his household. If you are charged with a sex crime, it is critical to engage an assertive New Jersey criminal defense attorney who will fight to protect your rights and reputation.
Facts of the Case
Reportedly, the defendant pleaded guilty to two counts of aggravated sexual assault. The victims were two children that resided in the defendant’s household. The defendant was sentenced to eight concurrent years of imprisonment for each crime. Following his release, a Megan’s Law classification hearing was held during which the defendant was deemed a Tier II offender with a moderate risk of committing another offense. The hearing judge also determined that the defendant was required to register pursuant to the Internet Sex Offender Central Registry statute. The defendant objected to the registry requirement, arguing that the household exception to the internet registry requirement should apply. The hearing judge rejected the defendant’s assertions, and the defendant appealed.
The Household Exception to the Sex-Offender Internet Registry Requirement
In New Jersey, some people convicted of sex crimes are exempt from the internet registry requirement. Specifically, a person who is no more than a moderate risk may be exempt from the requirement if his or her sole sex offense is a conviction that arose out of circumstances in which the victim was a blood relative of the offender. The statute specifically provides that a sole sex offense is a single conviction or adjudication of guilt for a sex crime in which there was only one victim, one occurrence, that involves members of a single household.