Beginning yesterday, we began to look at the components of a sentence for certain sex offenders, starting with an Avenel evaluation. The case under examination is that of a South Toms River man who pled guilty to two counts of first-degree aggravated sexual assault. In addition to a substantial prison sentence, the Ocean County prosecutor is seeking sex offender registration under Megan’s Law, Parole Supervision for Life (PSL), and no contact with the victims under Nicole’s Law.
Today, we are going to look at Nicole’s Law, N.J.S.A. 2C:14-12 and N.J.S.A. 2C:44-8. Most individuals are familiar with Megan’s Law, which was enacted in 1994 following the rape-murder of 7-year-old Megan Kanka by her neighbor. Nicole’s Law was enacted in 2007, and in short, permits a victim of a sex offense to obtain a restraining order against the offender. The New Jersey Judiciary has provided an additional explanation for the law in Directive #01-10, dated March 2, 2010:
“Nicole’s Law permits the court to issue an order as a condition of bail or to continue a prior order or issue a new order upon conviction, prohibiting a defendant charged with or convicted of a sex offense from having any contact with a victim, including restraining the defendant from entering a victim’s residence, place of employment, business or school and from harassing or stalking the victim or victim’s relatives. The law defines “sex offense” by referencing Megan’s Law, N.J.S.A. 2C:7-2. Nicole’s Law restraining orders are similar to domestic violence restraining orders, except that there need not be a domestic relationship between the defendant and the victim for a Nicole’s Law restraining order to be entered if a defendant has been charged with or convicted of certain sex offenses.”
Source: “Ocean County man admits to sexually assaulting young girls,” by Rob Spahr, NJ Advance Media for NJ.com, February 19, 2015.