By Maynard Law Office, LLC posted in Megan’s Law on Wednesday, December 3, 2014.
If you are registered under Megan’s Law, you know that your ability to move to another state may be impeded due to the nature of your original conviction. Unlike Parole Supervision for Life (PSL) or Community Supervision for Life (CSL), a registrant must obtain consent from the receiving state’s parole board in order to move to the desired state. For individuals who are only on Megan’s Law, a registrant may move to any state; however, he or she must comply with that state’s sex offender laws. For instance, a registered sex offender who moves from New Jersey to Pennsylvania will be subject to SORNA, which is entirely different from New Jersey’s sex offender laws.
However, what if an individual who is convicted of a sex crime that is not a registerable offense in the receiving state, or vice versa? For example, the crime of possession of child pornography is a Megan’s Law offense in Florida, but it is not in New Jersey. Therefore, an individual, who is on Megan’s Law in Florida for possession of child pornography, may not need to register in New Jersey if he were to move to this state. In another example, a North Carolina man was convicted of a sex crime in North Carolina, and moved to New York. The offense was not a Megan’s Law eligible offense in North Carolina, however, the court determine that he must register as a sex offender for life in the State of New York. (People v. Bullock, No. 30146/11) Thus, the nature of the original conviction is critical.
In conclusion, if you are on Megan’s Law and wish to move to another state, contact an experienced attorney to advise you on the receiving state’s sex offender laws and assist you with any registration concerns.