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In a well-reasoned unanimous decision, Justice Albin held that the irrebuttable presumption that a juvenile sex offender can never be rehabilitated and therefore is subject to a lifetime Megan’s Law notification requirement is unconstitutional. State in the Interest of C.K., ___ N.J. ___ (2018).

Although N.J.S.A. 2C:7-2(f) subjects all sex offenders (adults and juveniles) to lifetime Megan’s Law registration and notification requirements, it does permit a registrant to apply for termination of these requirements 15 years after conviction, or juvenile adjudication, if the defendant “is not likely to pose a threat to the safety of others.”

However, N.J.S.A. 2C:7-2(g) does not permit any such termination if the juvenile is adjudicated delinquent of more than one sexual offense or of aggravated sexual assault. Thus Justice Albin, in striking down this provision, pointed out that this statute “imposes an irrebuttable presumption that juveniles … are irredeemable, even when they no longer pose a public safety risk and are fully rehabilitated.”

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