Megan’s Law and Foreign State Convictions (Part 1)

by | Dec 24, 2019 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On November 15, 2019, a three-judge appellate panel decided the Essex County case of In the Matter of Registrant A.A. The principal issue under N.J.S.A. 2C:7-2 is whether the New York offense of disseminating indecent material to a minor is sufficiently similar to a New Jersey sex offense to subject the defendant to Megan’s Law supervision in New Jersey.

The Appellate division held in relevant part: Finally, we address A.A.’s argument that the judge erroneously determined that his New York conviction was “similar to” an enumerated offense under Megan’s Law; specifically, that the judge erred in concluding New York Penal Law § 235.21(3), second-degree disseminating indecent material to minors, is “similar to” N.J.S.A. 2C:24-4(a), third-degree endangering the welfare of a child. Instead, A.A. maintains that his New York conviction is “similar to” a conviction under N.J.S.A. 2C:34-3(b), third-degree promoting obscene material to persons under the age of eighteen, which is not an enumerated offense under Megan’s Law. N.J.S.A. 2C:7-2(b). Our review of A.A.’s argument is de novo.

A.A. was convicted under New York Penal Law § 235.21, which provides: A person is guilty of disseminating indecent material to minors in the second-degree when: 3. Knowing the character and content of the communication which, in whole or in part, depicts actual or simulated nudity, sexual conduct or sado-masochistic abuse, and which is harmful to minors, he intentionally uses any computer communication system allowing the input, output, examination or transfer, of computer data or computer programs from one computer to another, to initiate or engage in such communication with a person who is a minor.

The common definition of “turgid” is “swollen”. It is strange that a more appropriate word like “aroused” or “erect” was not used in the statute. Use of antiquated and inappropriate terms may be a reflection of how uncomfortable the drafters of the statute were with having to consider sexual activity.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you very much for your information on DUI check points. It is a great asset to the community . 5 stars for sure!
James P
Google star 1Google star 2Google star 3Google star 4Google star 5
Not to long ago I ran into a very serious legal issue for the first time in my life, I'm closing in on 60. Needless to say I was unsure of the process. I was fortunate that a friend recommended Fred. Fred handled my case in a professional and courteous manner yet was very down to earth and straight forward. It took nearly 9 month to resolve and during that time Fred was always available to answer questions, explain the process and most of all alleviate my stress. I feel we got the best possible outcome and I would highly recommend Fred to anyone facing a legal/criminal matter
Manny P
Google star 1Google star 2Google star 3Google star 4Google star 5
Great that Fred posts DUI for Monmouth County!
David F
Google star 1Google star 2Google star 3Google star 4Google star 5
I recently utilized his exceptional services and would highly recommend them to anyone seeking legal advice.
Mark A
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto is really an amazing attorney! Professional, knowledgeable, and effective. He made me feel comfortable in knowing he was working countless hours on my case to get me the best possible outcome. Mr. Sisto was very responsive and kept me updated with all court proceedings/updates. I am thankful to have had him represent me. I will be recommending Mr. Sisto & his firm to anyone in need. Thanks again ! Much Appreciated
Javier B
Google star 1Google star 2Google star 3Google star 4Google star 5
Called back within 10 minutes,very easy to talk to. Not judgmental at all. I am hopeful about the outcome.
Colleen H
Google star 1Google star 2Google star 3Google star 4Google star 5
Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation .
Raumelis R
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto was not only a knowledgeable and excellent lawyer, he was compassionate and understanding during this difficult time. I found Mr. Sisto to always be available and he services were affordable and effective. You will not find a better lawyer.
Joseph S
Google star 1Google star 2Google star 3Google star 4Google star 5
Always up to date on with his services.
Anthony L
Google star 1Google star 2Google star 3Google star 4Google star 5
He is the best professional to have on your side taking care of your interests. Your in the best of hands.
Stuart C