IN THE MATTER OF REGISTRANT
P.B. A-3549-11T1
This Megan's Law tiering
appeal arises from a conviction
for third-degree
endangering the welfare of a child based on possession of child pornography on
a home computer.
Applying the
clear-and-convincing evidence standard, we
held that the
"penetration" element of the "degree of contact" criterion on
the Registrant Risk Assessment Scale could not be satisfied merely by a showing
of possession of pornographic materials depicting penetration "without any
concomitant indication that [the registrant] played a role in the penetrative
activity either as a participant or a producer."
We also held that a showing
of the quantity of material alone, without any "proofs via expert
witnesses or otherwise,. . . proffered to establish the length of time the
material may have been on registrant's computer, or how much time would have
been required to compile the quantity discovered," did not satisfy the
proof requirements needed for any finding on the "duration of offensive
behavior" criterion.
In dictum, we emphasized
the prohibitions of Rule 1:36-3 regarding the citation or use of unpublished
opinions; criticized reliance by the trial court on an argument made in another
matter in reaching its findings and conclusions, without fully articulating the
argument made for the benefit of opposing counsel and the record; and commented
upon the duty of county prosecutors to administer Megan's Law uniformly from
county to county. 07-26-12
