New Jersey Supreme Court Justice Jaynee LaVecchia. Photo by Carmen Natale/ALM Penalty Upgrades for Sex Offenders Who Fail to Register Upheld by High Court
The increase from a fourth-degree offense to a third-degree one for failure to register was neither punitive nor violated ex post facto clauses of federal and state constitutions, ruled Justice Jaynee LaVecchia.
January 26, 2021 at 06:53 PM
7 minute read
In a pair of ex post facto challenges to failure-to-register offenses under Megan's Law by defendants whose original sex offenses predated the Legislature's 2007 penalty upgrade, the New Jersey Supreme Court ruled 6-1 to reverse the Appellate Division.
After reviewing the consolidated appeals of State v. Hakeem Brown and State v. Rodney Brown, Justice Jaynee LaVecchia delivered the opinion Monday that sends defendant Rodney Brown's case back to trial court for further proceedings, and reinstates Hakeem Brown's conviction and sentence.
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