By Maynard & Sumner, LLC of Maynard & Sumner, LLC posted in Megan’s Law on Thursday, December 4, 2014.
In a recent report published by CBS News, a Monmouth County, New Jersey sex offender was convicted of possession of child pornography on a file-sharing program that is accessible to other users. The registered sex offender was originally placed on Megan’s Law in 2008 for possession of child pornography. In the New Jersey statutes, the crime of possession child pornography is found under the child endangerment laws. In 2013, the endangering the welfare of a child statute was amended. One of the primary amendments was redefining the definition of “distribution” of child pornography. Now, anyone who is found to possess child pornography on a file-sharing program may be charged with distribution, even if no other individual accessed the files. The Monmouth County man will be sentenced in March 2015.
What happens when a registered sex offender is convicted of a new offense? The outcomes may vary depending on whether the offender is on Community Supervision for Life (CSL) or Parole Supervision for Life (PSL), or whether he/she is only registered under Megan’s Law. If the individual is on CSL or PSL, he/she may be charged with a violation of his/her parole conditions. A violation of CSL is a third degree crime, and the individual may have his/her parole revoked. A violation of PSL may lead to a parole revocation. If the individual is only on Megan’s Law, he/she may not be charged with a violation of Megan’s Law, but it will affect his/her ability to terminate his/her registration obligation in the future. If the new offense is not a sex offense, he/she may have the ability to termination his/her sex offender status after 15 years. However, if the new offense is a sex offense, as in the case of the Monmouth County man, an individual is forever barred from termination and will be required to register for life.