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New Jersey Goes Online with Sex Offender Website
A federal district court in New Jersey has denied sex offender plaintiffs Motion for Preliminary Injunction Relief seeking to prevent implementation of New Jersey's (NJ) Internet sex offender registry, but barred the listing of the offenders' home addresses. On November 7, 2000, NJ's electorate approved a public referendum to amend the state's constitution allowing disclosure of sex offender registry information to the general public.
In effect, the amendment sought to expand New Jersey's Megan's Law, which required designated sex offenders to furnish the local police with their name, social security number, age, race, sex, date of birth, height, weight, hair and eye color, exact address of legal residence, and date and place of employment.
The registry information, under Megan's Law, is not made available to the general public absent the signing of a waiver stating the information will not be disclosed to anyone outside the obtainer's household or used to harass or discriminate against he offender, but the information must be distributed to persons likely to encounter the offender.
The classes of persons or organizations to whom this information must be distributed depends upon the offender's classification as a low, moderate, or high risk of re-offending. The amendment places on the website the registry's information on all high risk and, upon court order, moderate risk offenders.
The Court rejected the offenders' Ex Post Facto challenge, holding the law was of a civil nature. After a lengthy discussion, the Court held the offenders had a right to privacy in keeping their home addresses from being disclosed to the general public. The Court and the Third Circuit Court of Appeals had previously upheld Megan's Law in part because offenders' home addresses were not available to those who did not have a particular need for it. In denying the injunctive relief the Court barred the unlimited disclosure of the offenders' home addresses on the website.
On February 20, 2002, the New Jersey State Police launched, at www.njsp.org, its sex offender website. The site contains information on 219 people, which represent about 9% of the offenders who may eventually be listed. The site contains less than 3% of NJ's 7,903 registered sex offenders. The case is still pending review in the Third Circuit, and a related case is pending in the Supreme Court. See: A.A. v. New Jersey, 176 F. Supp. 2d 274 (D.N.J. 2001).
Additional Source: Newark Star Ledger
In effect, the amendment sought to expand New Jersey's Megan's Law, which required designated sex offenders to furnish the local police with their name, social security number, age, race, sex, date of birth, height, weight, hair and eye color, exact address of legal residence, and date and place of employment.
The registry information, under Megan's Law, is not made available to the general public absent the signing of a waiver stating the information will not be disclosed to anyone outside the obtainer's household or used to harass or discriminate against he offender, but the information must be distributed to persons likely to encounter the offender.
The classes of persons or organizations to whom this information must be distributed depends upon the offender's classification as a low, moderate, or high risk of re-offending. The amendment places on the website the registry's information on all high risk and, upon court order, moderate risk offenders.
The Court rejected the offenders' Ex Post Facto challenge, holding the law was of a civil nature. After a lengthy discussion, the Court held the offenders had a right to privacy in keeping their home addresses from being disclosed to the general public. The Court and the Third Circuit Court of Appeals had previously upheld Megan's Law in part because offenders' home addresses were not available to those who did not have a particular need for it. In denying the injunctive relief the Court barred the unlimited disclosure of the offenders' home addresses on the website.
On February 20, 2002, the New Jersey State Police launched, at www.njsp.org, its sex offender website. The site contains information on 219 people, which represent about 9% of the offenders who may eventually be listed. The site contains less than 3% of NJ's 7,903 registered sex offenders. The case is still pending review in the Third Circuit, and a related case is pending in the Supreme Court. See: A.A. v. New Jersey, 176 F. Supp. 2d 274 (D.N.J. 2001).
Additional Source: Newark Star Ledger
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Related legal case
A.A. v. New Jersey
| Year | 2001 |
|---|---|
| Cite | 176 F.Supp.2d 274 (D NJ 2001) |
| Level | District Court |
A.A., A.B., A.C. (a minor, by M.M., his natural parent), A.D., A.E., A.F., and A.G. (all fictitious initials), individually and as representatives of a class, pursuant to Fed. R. Civ. P. 23(a) and 23(b)(2), Plaintiffs v. STATE OF NEW JERSEY; DONALD T. DIFRANCESCO, in his official capacity as Acting Governor, State of New Jersey; JOHN J. FARMER, JR., in his official capacity as Attorney General, State of New Jersey; and CARSON J. DUNBAR, in his official capacity as Superintendent of the New Jersey State Police, Defendants. Defendants.
CIVIL ACTION NO. 01-4804(JEI)
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
176 F. Supp. 2d 274; 2001 U.S. Dist. LEXIS 20346
December 6, 2001, Decided
SUBSEQUENT HISTORY: injunction granted, in part, A.A. v. N.J., 2001 U.S. Dist. LEXIS 20350 (Dec. 6, 2001, D.N.J.) Reported at: 176 F. Supp. 2d 274 at 309.
DISPOSITION: [**1] Plaintiffs' motion for a preliminary injunction granted in part and denied in part.
COUNSEL: Michael Z. Buncher, Deputy Public Defender, PETER A. GARCIA, Acting Public Defender for New Jersey, Trenton, New Jersey, for Plaintiffs.
Jessica A. Roth, GIBBONS, DEL DEO, DOLAN, GRIFFINGER & VECCHIONE, P.C., Newark, New Jersey, for ACLU of New Jersey Foundation.
B. Stephan Finkel, Assistant Attorney General, JOHN J. FARMER, JR., Attorney General of New Jersey, Trenton, New Jersey, for Defendants.
JUDGES: JOSEPH E. IRENAS, U.S.D.J.
OPINIONBY: JOSEPH E. IRENAS
OPINION: [*309]
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION OF THE INTERNET REGISTRY ACT, N.J.S.A. ç ç 2C:7-12 - 2C:7-19
IRENAS, District Judge:
This matter having appeared before the Court upon Plaintiffs' motion for a preliminary injunction, and the Court having reviewed the submissions of the parties and having heard oral arguments, for the reasons set forth in an opinion issued by this Court, which findings of fact and conclusions of law are incorporated herein by reference, and for good cause appearing,
IT IS on this 6th day [**2] of December, 2001, [*310]
ORDERED THAT: Plaintiffs' motion for a preliminary injunction preventing the implementation of P.L. 2001, ch. 167 (codified at N.J.S.A. ç ç 2C:7-12 to -19) is DENIED provided that the Internet Registry MUST EXCLUDE information identifying the home or apartment number, street, zip code, and municipality in which Plaintiffs' reside.
JOSEPH E. IRENAS, U.S.D.J.
CIVIL ACTION NO. 01-4804(JEI)
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
176 F. Supp. 2d 274; 2001 U.S. Dist. LEXIS 20346
December 6, 2001, Decided
SUBSEQUENT HISTORY: injunction granted, in part, A.A. v. N.J., 2001 U.S. Dist. LEXIS 20350 (Dec. 6, 2001, D.N.J.) Reported at: 176 F. Supp. 2d 274 at 309.
DISPOSITION: [**1] Plaintiffs' motion for a preliminary injunction granted in part and denied in part.
COUNSEL: Michael Z. Buncher, Deputy Public Defender, PETER A. GARCIA, Acting Public Defender for New Jersey, Trenton, New Jersey, for Plaintiffs.
Jessica A. Roth, GIBBONS, DEL DEO, DOLAN, GRIFFINGER & VECCHIONE, P.C., Newark, New Jersey, for ACLU of New Jersey Foundation.
B. Stephan Finkel, Assistant Attorney General, JOHN J. FARMER, JR., Attorney General of New Jersey, Trenton, New Jersey, for Defendants.
JUDGES: JOSEPH E. IRENAS, U.S.D.J.
OPINIONBY: JOSEPH E. IRENAS
OPINION: [*309]
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION OF THE INTERNET REGISTRY ACT, N.J.S.A. ç ç 2C:7-12 - 2C:7-19
IRENAS, District Judge:
This matter having appeared before the Court upon Plaintiffs' motion for a preliminary injunction, and the Court having reviewed the submissions of the parties and having heard oral arguments, for the reasons set forth in an opinion issued by this Court, which findings of fact and conclusions of law are incorporated herein by reference, and for good cause appearing,
IT IS on this 6th day [**2] of December, 2001, [*310]
ORDERED THAT: Plaintiffs' motion for a preliminary injunction preventing the implementation of P.L. 2001, ch. 167 (codified at N.J.S.A. ç ç 2C:7-12 to -19) is DENIED provided that the Internet Registry MUST EXCLUDE information identifying the home or apartment number, street, zip code, and municipality in which Plaintiffs' reside.
JOSEPH E. IRENAS, U.S.D.J.