In re B.B.

The New Jersey Appellate Division affirmed an order of the Law Division that designated B.B. as a Tier II registrant under the Registration and Community Notification Laws, N.J.S.A. 2C:7-1 to -23, known as Megan’s Law, but reversed the lower court’s order that directed that B.B.’s personal identifiers not be included on the Sex Offender Internet Registry. Two issues were critical. First, B.B. claimed that the trial court erred in finding under factor six of the Registrant Risk Assessment Scale that B.B.’s criminal sexual acts spanned more than two years. The record indicated that his two crimes occurred in 2005 and 2007, with no more detail. According to the state, that could be almost three years (January 1, 2005, to December 31, 2007). According to B.B., it could be merely a year-and-a-day (December 31, 2005, to January 1, 2007). The Appellate Division ruled the issue moot because the score differential would not have changed the outcome. Second, the Appellate Division held that the registrant did not fall within any exceptions to being included within the Internet Registry and found In re G.B. inapposite to the instant matter.

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