R.K. appeals from the denial termination of his registration obligations imposed by Megan's Law. In June 2000, R.K. was convicted of endangering the welfare of a child and lewdness and was sentenced to a three-year term of probation conditioned upon 194 days in jail, which equaled time served, registration under Megan's Law, and Community Supervision for Life (CSL).
In April 2001, R.K. was convicted of engaging in prostitution as a patron, arising from an incident that took place in November 2000, less than seven months after he was convicted of endangering the welfare of a child.
In February 2004, R.K.'s probation was revoked on multiple grounds, including committing the prostitution offense. He was resentenced to a four-year prison term, which he completed on April 26, 2006. He has not been convicted of any subsequent offense that has not been vacated.
In December 2021, R.K. filed a motion to terminate his CSL and Megan's Law registration obligations. The State opposed the motion, arguing R.K. does not meet the criteria for termination of Megan's Law registration obligations and that he remains a danger to the safety of others. The trial court denied termination of his registration requirements. R.K. appeals that decision. The same order terminated CSL.
On appeal, R.K. argues he is eligible under N.J.S.A. 2C:7-2(f) to terminate his Megan's Law registration requirements. The court rejects his argument, finding it directly contrary to the clear and unambiguous language of N.J.S.A. 2C:7-2(f), established public policy, and the spirit of Megan's Law.
N.J.S.A. 2C:7-2(f) allows Megan's Law registrants to apply for termination of registration requirements "upon proof that the person has not committed an offense with 15 years following conviction or release from a correctional facility for any term of imprisonment imposed, whichever is later, and is not likely to pose a threat to the safety of others."
Within months of being sentenced to probation and released from jail, R.K. committed a prostitution offense, was convicted, and was sentenced. The court holds that pursuant to the plain language of N.J.S.A. 2C:7-2(f), at the moment R.K. committed the new offense on November 27, 2000, he was permanently and categorically ineligible for termination of his Megan's Law registration requirements. The fact he was subsequently found in violation of probation and resentenced to a prison term, which he has served, did not restart the clock for eligibility for termination of his registration requirements.