New Jersey’s Internet Access Restrictions for Sex Offenders: An Overview

In 2007, New Jersey enacted a law placing restrictions on internet access for certain convicted sex offenders (N.J. Stat. Ann. § 2C:43-6.6). This controversial law aims to prevent recidivism by limiting access to the internet, which could potentially facilitate criminal behavior. However, critics argue the law is overly broad and infringes on constitutional rights. This article provides an overview of New Jersey’s internet restrictions for sex offenders, key provisions, implications, and debates surrounding the law.

What the Law States

Under N.J. Stat. Ann. § 2C:43-6.6, a judge can restrict internet access as a condition of sentence for defendants convicted of certain sex crimes if the internet was used in some way in the commission of the crime. Sex offenses covered under the law include crimes such as luring a child, child pornography possession or distribution, endangering the welfare of a child, and more.

The internet access restrictions can last for the duration of probation, parole, or community supervision. While on probation, parole or supervision, individuals subject to the internet limitations cannot access social networking sites, chat rooms, or instant messaging programs. They also cannot use any online aliases or anonymous email addresses.

The law requires regular inspections of the offender’s computer and other devices by probation officers to ensure compliance. Violating the internet access conditions can result in fourth-degree criminal charges.

Key Provisions and Details

The internet restrictions outlined in N.J. Stat. Ann. § 2C:43-6.6 contain several key provisions and details[1]:

• Applies to defendants convicted of certain enumerated sex crimes if the internet was involved. This includes crimes like luring, endangering child welfare, distributing child pornography.
• The sentencing judge has discretion on whether to impose internet restrictions as a condition of probation, parole or community supervision.
• Restrictions can last for the duration of probation, parole or community supervision, up to lifetime parole supervision.
• Prohibits accessing social networking sites, chat rooms, instant messaging programs, and using aliases or anonymous email addresses.
• Requires probation officers to conduct regular inspections of computers and devices.
• Violating the conditions can result in fourth-degree criminal charges.
• Defendants subject to lifetime supervision may petition the court for relief from internet restrictions after five years.

The law provides for some exceptions to the social networking and chat room restrictions. For example, sites can be accessed for employment purposes, or if specifically authorized as part of sex offender counseling or treatment. However, the law still prohibits using aliases or anonymous screen names in all cases[2].

Implications and Effects

By restricting internet access, the law aims to cut off potential gateways to recidivism. Supporters argue limiting access to chat rooms, social networks and other online venues reduces opportunities to interact with minors and access child pornography[3].

However, critics say the restrictions are overly broad and infringe on constitutional rights. Banning social media cuts people off from potential employment opportunities, freedom of speech and association. Critics also argue the law could be counterproductive, since it inhibits the ability to monitor offender internet use and pushes them “underground” into darker corners of the web[4].

There are also debates around enforcement issues. Probation officers face difficulties detecting violations, given the ubiquity of internet-connected devices. And the law raises questions about the appropriate balance between public safety and rehabilitation[5].

Court Challenges

New Jersey’s internet restrictions have faced lawsuits challenging the law on constitutional grounds. In 2009, the 3rd Circuit upheld most provisions as constitutional, but struck down the lifetime ban for offenders under lifetime supervision. The court found a lifetime ban violated rights to free speech and association.

However, in 2015 the New Jersey Supreme Court reversed that decision, ruling the lifetime ban was constitutional because it allowed offenders to petition for relief after five years.

While the lifetime ban was upheld, there are still debates around the implications for rights to free speech and association. And critics argue a five year waiting period to petition for relief is excessive. The law continues to face scrutiny about the appropriate scope of restrictions.

Comparison to Other States

While most states place some limits on internet use for sex offenders, New Jersey’s law contains some of the strictest restrictions in the country. Some key differences from other state laws include:

• NJ’s lifetime ban for certain offenders contrasts with more limited restrictions in most states.
• The five year waiting period before petitioning for relief is longer than many other states.
• NJ’s law has fewer exceptions allowing social media and chat room access for employment, treatment, etc.
• Regular computer inspections are more stringent than many states.
• Criminalizing violations as a fourth-degree offense is harsher than other states.

However, a few states like Louisiana and Ohio have restrictions that are comparable or in some cases broader than NJ. This highlights some inconsistencies in states’ approaches to regulating internet use by offenders.