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In re T.M.

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Argued November 8, 2000

On certification to the Superior Court, Appellate Division.

On April 26, 1995, T.M., a mildly retarded juvenile, was adjudicated delinquent based on acts that, if committed by an adult, would constitute fourth-degree criminal sexual contact under N.J.S.A. 2C:14-3b. Three years later, he moved to vacate the guilty plea when he learned that he would have to register as a sex offender under New Jersey’s Registration and Community Notification Laws, N.J.S.A. 2:7-1 to -11 (generally referred to as Megan’s Law). T.M. alleged that he did not enter his plea knowingly and voluntarily and that the plea lacked an adequate factual basis. The motion court upheld the plea, and the Appellate Division affirmed, finding that the delinquency hearing actually had proceeded as a trial on stipulated facts, not as a guilty plea. We granted certification, 163 N.J. 397 (2000), and now reverse.

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