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In dictum, we emphasized the prohibitions of Rule 1:36-3 regarding the citation or use of unpublished opinions; criticized reliance by the trial court on an argument made in another matter in reaching its findings and conclusions, without fully articulating the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
