In the Matter of Registrant A.D.

RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-5671-13T1
A-2312-14T1
A-2313-14T1

IN THE MATTER OF REGISTRANT A.D.
__________________________________ APPROVED FOR PUBLICATION

IN THE MATTER OF REGISTRANT J.B. July 20, 2015
__________________________________
APPELLATE DIVISION
IN THE MATTER OF REGISTRANT C.M.
__________________________________

Argued May 27, 2015 – Decided July 20, 2015

Before Judges Nugent, Accurso and Manahan.

On appeal from Superior Court of New Jersey,
Law Division, (A-5671-13) Burlington County,
RCNL No. 2000-03-0025; (A-2312-14) Ocean
County, Docket No. ML# 97-15-0188; (A-2313-
14) Ocean County, Docket No. ML# 02-15-0032.

Fletcher C. Duddy, Deputy Public Defender,
argued the cause for appellant A.D. (Joseph
E. Krakora, Public Defender, attorney; Mr.
Duddy, on the brief).

LaChia L. Bradshaw, Assistant Prosecutor,
argued the cause for State of New Jersey
(Robert D. Bernardi, Burlington County
Prosecutor, attorney; Ms. Bradshaw, of
counsel and on the brief).

Stefan J. Erwin, Assistant Deputy Public
Defender, argued the cause for appellant
J.B. (Joseph E. Krakora, Public Defender,
attorney; Mr. Erwin, of counsel and on the
brief).

William Scharfenberg, Assistant Prosecutor,
argued the cause for State of New Jersey
 (Joseph D. Coronato, Ocean County
Prosecutor, attorney; Mr. Scharfenberg, of
counsel and on the brief).

Stefan J. Erwin, Assistant Deputy Public
Defender, argued the cause for appellant
C.M. (Joseph E. Krakora, Public Defender,
attorney; Mr. Erwin, of counsel and on the
brief).

William Scharfenberg, Assistant Prosecutor,
argued the cause for State of New Jersey
(Joseph D. Coronato, Ocean County
Prosecutor, attorney; Mr. Scharfenberg, of
counsel and on the brief).

The opinion of the court was delivered by

NUGENT, J.A.D.

Appellants are registered sex offenders whose Law Division

applications to terminate their obligations under Megan's Law's

registration requirements, N.J.S.A. 2C:7-1 to -5 (the

Registration Law), were denied. The Registration Law authorizes

a court to terminate a registrant's obligations if, among other

requirements, the registrant "has not committed an offense

within 15 years following conviction or release . . . whichever

is larger, and is not likely to pose a threat to the safety of

others." N.J.S.A. 2C:7-2f. Appellants' applications were

denied because each appellant had committed an offense – though

not a sex offense – within the fifteen year period.

These appeals require us to decide whether the term

"offense" in N.J.S.A. 2C:7-2f means "a crime, a disorderly

persons offense or a petty disorderly persons offense unless a

2 A-5671-13T1
particular subsection in the code is intended to apply to less

than all three[,]" the definition given in the general

definitional subsection of the New Jersey Code of Criminal

Justice (the Code); or a "sex offense" as defined in the

Registration Law. Having considered appellants' arguments in

light of the record and controlling law, and having found no

ambiguity in the statutory language, we conclude the term

offense means what the Code's general definitional subsection

defines it to mean. Accordingly, we affirm the trial courts'

orders.1

I.

A. A.D.'s Appeal.

The parties do not dispute the facts. On February 7, 1997,

A.D. was convicted of third-degree endangering the welfare of a

child, N.J.S.A. 2C:24-4a, an offense that triggered the

requirements of the Registration Law. The court sentenced A.D.

to three years' probation and community supervision for life

(CSL), N.J.S.A. 2C:43-6.4.2 A.D. initially complied with the

Registration Law.

1
These are back-to-back appeals, which we consolidate for this
opinion.
2
N.J.S.A. 2C:43-6.4 was amended by L. 2003 c. 267 to clarify
that lifetime community supervision for sex offenders is parole
supervision. As part of the amendment, "Community Supervision
for Life" was changed to "Parole Supervision for Life."

3 A-5671-13T1
 More than fifteen years after his conviction, in 2015, A.D.

filed a motion to be relieved of the Registration Law's

obligations. In support of his application, he submitted a

licensed psychologist's "Psychosexual Evaluation Actuarial Risk

Assessment" in which the psychologist reported that A.D.'s

recidivism risk level was low. The psychologist noted that A.D.

had been diagnosed with Alzheimer's Disease.

During the hearing on A.D.'s application, his counsel

represented that A.D. "ha[d] gone fifteen years since his date

of conviction[,] . . . [and] the underlying crimes for which he

was convicted do not bar him from removal pursuant to subsection

G of the statute."3 Emphasizing A.D.'s expert report, counsel

argued A.D. no longer posed a threat to society. Additionally,

counsel explained that because A.D. suffered from Alzheimer's

Disease and was under the constant care and supervision of his

mother, the registration requirements presented nothing more

than a burden to his family. The State did not oppose A.D.'s

application.

For reasons that have nothing to do with the issue on

appeal and thus need not be explained, neither the court nor

3
N.J.S.A. 2C:7-2g prohibits persons convicted, adjudicated
delinquent, or acquitted by reason of insanity for more than one
sex offense as defined in N.J.S.A. 2C:7-2b, or aggravated sexual
assault, N.J.S.A. 2C:14-2a, or sexual assault, N.J.S.A. 2C:14-
2c(1), from making application to terminate their registration
obligations.

4 A-5671-13T1
counsel were aware that in 2005 A.D. had pled guilty to, and

been convicted of, violating a special condition of CSL,

N.J.S.A. 2C:43-6.4, for failing to notify his parole officer of

his change of address. Three months after the court granted

A.D.'s application to terminate his registration obligations,

the State became aware of his 2005 conviction and moved for

reconsideration under Rule 4:49-2.4

In opposition to the State's motion, A.D. produced, among

other things, an addendum from A.D.'s psychologist affirming

that A.D. remained at a low risk for sexually reoffending and

did not present an increased risk of harm to members of the

community, notwithstanding the intervening conviction. A.D.

also submitted a letter written in another case by Philip H.

Witt, Ph.D., one of the primary authors of the Registrant Risk

Assessment Scale manual. The Registrant Risk Assessment Scale

(RRAS) is used to assess whether a registrant's risk of

reoffending is low, moderate or high. Dr. Witt stated in his

letter:

Scoring non-sexual offenses on the RRAS is
an attempt to capture a general level of
"anti-sociality". Hence, only if the non-
sexual offense that occurs after the sex
offense adjudication (or release from
incarceration) is part of a broader, anti-
social pattern of behavior, would it
increase the likelihood of sex offense

4
The State later amended its motion to request relief from a
judgment or order under Rule 4:50-1.

5 A-5671-13T1
 recidivism and therefore be of interest.
This is particularly true of a "failure to
register" charge. There is substantial
research indicating that failure to register
in and of itself does not increase
likelihood of sex offense recidivism.
Therefore, it is my recommendation that a
failure to register charge not preclude an
individual's applying for release from
Megan's Law.

During the hearing on the State's motion, A.D.'s mother

testified that subjecting her son to the Registration Law would

impose a significant hardship upon her. She explained that A.D.

did not understand the purpose of the hearing and would not be

able to register because he would be unable to travel. A.D.'s

mother emphasized that A.D. was under her care and goes nowhere

by himself.

The court granted the State's motion and vacated its

previous order terminating A.D.'s registration obligations.5 The

court rejected A.D.'s argument that his application should be

granted because he had not committed a sex offense within

fifteen years. A.D. appealed.

B. J.B.'s Appeal.

J.B. pled guilty to second-degree sexual assault, N.J.S.A.

2C:14-2c, and was sentenced in March 1995 to a five-year

custodial term. Following his release from custody, J.B.

5
The Court also rescinded a previous order terminating A.D.'s
CSL. A.D. has not appealed the rescission of the order
terminating CSL.

6 A-5671-13T1
initially complied with the Registration Law. In 2006, however,

J.B. failed to register and moved from his current address

without notifying authorities.

In August 2007, J.B. pled guilty to fourth-degree failure

to notify law enforcement agencies of a change of address,

N.J.S.A. 2C:7-2d(1) and was placed on probation.6 Consequently,

in 2014 when J.B. applied to terminate his obligation under the

Registration Law, the court denied his application, concluding

that the intervening conviction, though not for a sex offense,

was a bar under N.J.S.A. 2C:7-2f to termination of his

Registration Law obligations. J.B. appealed.

C. C.M.'s Appeal.

C.M. pled guilty to third-degree aggravated criminal sexual

contact, N.J.S.A. 2C:14-3a, and was sentenced in May 1999 to

four years' probation. His judgment of conviction was amended

in April 2002 to subject C.M. to the requirements of Megan's

Law.

Fifteen years after C.M.'s sex offense conviction, he

applied to the Law Division to terminate his Registration Law

obligations. The court denied the application due to an

intervening conviction for violating a final restraining order

under the Prevention of Domestic Violence Act of 1991, N.J.S.A.

6
N.J.S.A. 2C:7-2d was amended by L. 2007, c. 19, which, among
other things, made failing to notify law enforcement agencies of
an address change a third-degree crime.

7 A-5671-13T1
2C:25-17 to -35.7 The court rejected C.M.'s argument that he was

entitled to have his registration obligations terminated because

he had not committed a sex offense within fifteen years. C.M.

appealed.

On this appeal, A.D. raises these points:

I. THE NEW JERSEY SUPREME COURT HAS
RECOGNIZED THAT THE WORD "OFFENSE" AS USED
IN N.J.S.A. 2C:7-2(f) IS TO BE [INTERPRETED]
AS A "SEX OFFENSE[.]"

II. THE STATUTE'S USE OF THE WORD "OFFENSE"
IS AMBIGUOUS ON ITS FACE, AND ALL TENETS OF
STATUTORY INTERPRETATION FAVOR DEFINING THE
WORD AS A "SEX OFFENSE[.]"

A. The legislative history of Megan's
Law demonstrates that the
legislature intended the word
"offense" to mean a "sex
offense[.]"

B. If the statute is interpreted to
preclude a registrant from being
removed from Megan's Law for
committing a non-sexual offense,
it would lead to absurd results,
as it did in this case in the Law
Division.

C. The doctrine of lenity favors
interpreting the statute to mean
sex offense, not a non-sexual
criminal offense.

7
During the hearing on C.M.'s application to terminate his
Registration Law obligations, his attorney and the prosecutor
appear to have agreed that C.M. had been convicted of either a
fourth-degree offense or a disorderly persons offense under
N.J.S.A. 2C:29b. Although the parties have provided the
complaint, they have not provided documentary evidence of the
final disposition.

8 A-5671-13T1
 III. THE REGISTRANT RISK ASSESSMENT SCALE
HAS NO BEARING ON THE INTERPRETATION OF THE
WORD "OFFENSE" AS USED IN N.J.S.A. 2C:7-
2(f).

IV. INTERPRETING THE WORD "OFFENSE" TO
INCLUDE NON-SEXUAL CRIMINAL OFFENSES WOULD
NOT BE RATIONALLY RELATED TO THE GOAL OF
MEGAN'S LAW, MAKING SUCH INTERPRETATION
UNCONSTITUTIONAL.

V. OTHER TRIAL COURTS AVOID A STRICT, OUT-
OF-CONTEXTUAL INTERPRETATION OF THE WORD
"OFFENSE[.]"

J.B. and C.M. raise these points:

[I.] STATUTORY INTERPRETATION IN THE
INSTANT CONTEXT REQUIRES THE EXAMINATION
[OF] EXTRINSIC EVIDENCE.

[II.] THE STANDARD WHICH WE MUST
INTERPRET PERTAINS ONLY TO SEX OFFENSES.

[III.] THE SUPREME COURT HAS ALREADY
OPINED.

[IV.] THE APPELLATE DIVISION'S HOLDING
IN IN RE REGISTRANT L.E. RESONATES HEREIN.

[V.] THE TRIAL COURTS DO NOT FEEL THAT
FAILURE TO REGISTER IS AN OFFENSE WITHIN THE
MEANING OF THE TERMINATION PROVISION.

[VI.] THE PROBABLE CITATIONS OF OPPOSING
COUNSEL DO NOT ADDRESS THE MERITS OF THE
ISSUE.

II.

A.

We begin with some fundamental principles. When construing

a statute, appellate courts conduct a de novo review. State v.

Revie, 220 N.J. 126, 132 (2014) (citing State v. J.D., 211 N.J.

9 A-5671-13T1
344, 354 (2012)); C.A. ex rel Applegrad v. Bentolila, 219 N.J.

449, 459 (2014) (citing In re Liquidation of Integrity Ins. Co.,

193 N.J. 86, 94 (2007)). "The Legislature's intent is the

paramount goal when interpreting a statute and, generally, the

best indicator of that intent is the statutory language."

DiProspero v. Penn, 183 N.J. 477, 492 (2005); accord State v.

Friedman, 209 N.J. 102, 117 (2012). Thus, "[t]he plain language

of the statute is our starting point." Patel v. N.J. Motor

Vehicle Comm'n, 200 N.J. 413, 418 (2009). In considering a

statute's language, we are guided by the legislative directive

that

words and phrases shall be read and
construed with their context, and shall,
unless inconsistent with the manifest intent
of the legislature or unless another or
different meaning is expressly indicated, be
given their generally accepted meaning,
according to the approved usage of the
language. Technical words and phrases, and
words and phrases having a special or
accepted meaning in the law, shall be
construed in accordance with such technical
or special and accepted meaning.

[N.J.S.A. 1:1-1.]

When construing a statute in which "the Legislature has

clearly defined a term, the courts are bound by that

definition." Febbi v. Bd. of Review, 35 N.J. 601, 606 (1961)

(citations omitted); accord Stenberg v. Carhart, 530 U.S. 914,

942, 120 S. Ct. 2597, 2615, 147 L. Ed. 2d 743, 766 (2000).

Moreover, "[i]t is axiomatic that the statutory definition of

10 A-5671-13T1
the term excludes unstated meanings of that term." Meese v.

Keene, 481 U.S. 465, 484, 107 S. Ct. 1862, 1873, 95 L. Ed. 2d

415, 431 (1987) (citation omitted). "'[W]here the Legislature

has clearly and explicitly defined a term within a statute, we

must assume it did so intentionally and with the intent that its

stated definition be applied to that term throughout the

statute.'" Ciesla v. N.J. Dep't of Health & Sr. Servs., 429

N.J. Super. 127, 143-44 (App. Div. 2012) (quoting Commerce

Bancorp, Inc. v. InterArch, Inc., 417 N.J. Super. 329, 336-37,

(App. Div. 2010), certif. denied, 205 N.J. 519 (2011)).

Courts "will only resort to extrinsic aids, such as

legislative history, if the plain language of the statute yields

'more than one plausible interpretation.'" State v. Williams,

218 N.J. 576, 586 (2014) (quoting DiProspero, supra, 183 N.J. at

492). "If the plain language yields the meaning of the statute,

then our task is complete." Ibid.

With those principles in mind, we turn to the relevant

provisions of the New Jersey Code of Criminal Justice and

appellants' argument that N.J.S.A. 2C:7-2f is ambiguous.

B.

The Code classifies offenses as crimes, disorderly persons

offenses, and petty disorderly persons offenses, N.J.S.A. 2C:1-

4, and designates crimes "as being of the first, second, third

or fourth degree." N.J.S.A. 2C:1-4a. The Code's general

11 A-5671-13T1
definitional section, N.J.S.A. 2C:1-14, includes the following

statement and definition:

In this code, unless a different meaning
plainly is required:

. . . .

k. "Offense" means a crime, a disorderly
persons offense or a petty disorderly
persons offense unless a particular
subsection in this case is intended to apply
to less than all three[.]

The Code's general definitional subsection does not define

the term sex offense. The Registration Law defines the term sex

offense as follows:

For the purposes of this act a sex offense
shall include the following:

(1) Aggravated sexual assault,
sexual assault, aggravated
criminal sexual contact,
kidnapping pursuant to paragraph
(2) of subsection c. of [N.J.S.A.]
2C:13-1 or an attempt to commit
any of these crimes if the court
found that the offender's conduct
was characterized by a pattern of
repetitive, compulsive behavior,
regardless of the date of the
commission of the offense or the
date of conviction;

(2) A conviction, adjudication of
delinquency, or acquittal by
reason of insanity for aggravated
sexual assault; sexual assault;
aggravated criminal sexual
contact; kidnapping pursuant to
paragraph (2) of subsection c. of
[N.J.S.A.] 2C:13-1; endangering
the welfare of a child by engaging
in sexual conduct which would

12 A-5671-13T1
 impair or debauch the morals of
the child pursuant to subsection
a. of [N.J.S.A.] 2C:24-4;
endangering the welfare of a child
pursuant to paragraph (3) or (4)
or subparagraph (a) of paragraph
(5) of subsection b. of [N.J.S.A.]
2C:24-4; luring or enticing
pursuant to section 1 of P.L.1993,
c.291 (C.2C:13-6); criminal sexual
contact pursuant to [N.J.S.A.]
2C:14-3 b. if the victim is a
minor; kidnapping pursuant to
[N.J.S.A.] 2C:13-1, criminal
restraint pursuant to [N.J.S.A.]
2C:13-2, or false imprisonment
pursuant to [N.J.S.A.] 2C:13-3 if
the victim is a minor and the
offender is not the parent of the
victim; knowingly promoting
prostitution of a child pursuant
to paragraph (3) or paragraph (4)
of subsection b. of [N.J.S.A.]
2C:34-1; or an attempt to commit
any of these enumerated offenses
. . . .

[N.J.S.A. 2C:7-2b.]

The Registration Law, among other requirements, obligates

convicted sex offenders to: register with the chief law

enforcement agency of the municipality in which the person

resides or, if the municipality does not have a local police

force, the Superintendent of State Police; verify their

addresses annually; notify certain law enforcement agencies of a

change of address; and provide appropriate law enforcement

agencies with information as to whether they have routine access

to a computer or any device with internet capability. N.J.S.A.

2C:7-2c, d.

13 A-5671-13T1
 The Registration Law's termination provisions, N.J.S.A.

2C:7-2f & g, permit a registrant to apply for termination only

if the registrant has met specific conditions:

f. Except as provided in subsection g. of
this subsection, a person required to
register under this act may make application
to the Superior Court of this State to
terminate the obligation upon proof that the
person has not committed an offense within
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.

g. A person required to register under this
subsection who has been convicted of,
adjudicated delinquent, or acquitted by
reason of insanity for more than one sex
offense as defined in subsection b. of this
section or who has been convicted of,
adjudicated delinquent, or acquitted by
reason of insanity for aggravated sexual
assault pursuant to subsection a. of
[N.J.S.A.] 2C:14-2 or sexual assault
pursuant to paragraph (1) of subsection c.
of [N.J.S.A.] 2C:14-2 is not eligible under
subsection f. of this section to make
application to the Superior Court of this
State to terminate the registration
obligation.

Appellants contend the term offense in N.J.S.A. 2C:7-2f is

ambiguous both on its face and when considered in light of the

statute's other subsections. Acknowledging that courts need not

refer to extrinsic evidence to determine a statute's meaning if

the statutory language is clear and unambiguous, appellants

begin their argument with the premise that if statutory language

"'admits to more than one reasonable interpretation, [courts]

14 A-5671-13T1
may look to sources outside the language to ascertain the

Legislature's intent.' State v. Reiner, 180 N.J. 307, 311

(2004)." They next assert that the term offense in subsection f

admits to more than one reasonable interpretation. From these

two premises, appellants reason that we must resort to extrinsic

aids, a process that leads to the conclusion that the term

offense means sex offense. For several reasons, we disagree

with appellants' assertion that the term offense in subsection f

admits to more than one reasonable interpretation.

First, the Code explicitly defines the term offense. As

previously noted, N.J.S.A. 2C:1-14k states: "'Offense' means a

crime, a disorderly persons offense or a petty disorderly

persons offense unless a particular subsection in this code is

intended to apply to less than all three[.]" Because the

Legislature has defined the term and stated that its meaning

applies throughout the Code "unless a different meaning plainly

is required," we must assume that the Legislature intended that

the term's stated definition controls, Ciesla, supra, 429 N.J.

Super. at 144, and that the term excludes unstated meanings,

Meese, supra, 481 U.S. at 484, 107 S. Ct. at 1873, 95 L. Ed. 2d

at 431. Applying those principles leads to the conclusion that

the term offense in N.J.S.A. 2C:7-2f means precisely what it is

defined to mean – a crime, disorderly persons offense, or petty

15 A-5671-13T1
disorderly persons offense – and not the unstated limited

meaning, "sex offense."

Next, interpreting the term offense in N.J.S.A. 2C:7-2f as

the Code defines it in N.J.S.A. 2C:1-14k is consistent with the

Supreme Court's interpretation of the statute in Doe v. Poritz,

142 N.J. 1 (1995). In that decision, the Court held that the

Registration Law as well as the Community Notification Law,

N.J.S.A. 2C:7-6 to -11, are constitutional. Id. at 12. After

summarizing the Registration Law's requirements, the Court

stated:

All of these are lifetime requirements
unless the registrant has been offense-free
for fifteen years following conviction or
release from a correctional facility
(whichever is later) and, on application to
terminate these obligations, can persuade
the court that he or she is not likely to
pose a threat to the safety of others.
N.J.S.A. 2C:7-2f.

[Id. at 21.]

The Court did not summarize the Registration Law's

termination provision as requiring a registrant to be sex

offense-free for fifteen years; rather, the Court summarized the

termination provision as requiring registrants to be offense-

free. And, after so characterizing the Registration Law's

termination provision, the Court stated:

We are aware of the uncertainties that
surround all aspects of the subject of sex
offender recidivism and the effectiveness of
preventive measures. Legislatures, despite

16 A-5671-13T1
 uncertainty, sometimes act to deal with
public needs, basing such action on what
they conclude, in a welter of conflicting
opinions, to be the probable best course.
Our Legislature could reasonably conclude
that risk of reoffense can be fairly
measured, and that knowledge of the presence
of offenders provides increased defense
against them. Given those conclusions, the
system devised by the Legislature is
appropriately designed to achieve the law's
purpose of protecting the public.

[Id. at 25.]

Lastly, the Registration Law was one of "a group of bills

concerning sex offenders" that became law on October 31, 1994.

Id. at 12. In addition to the Registration Law and Community

Notification Law, the Legislature enacted L. 1994, c. 130, §§1 &

2, the Violent Predator Incapacitation Act of 1994, which, among

other things, established the special sentence of community

supervision for life, now parole supervision for life, N.J.S.A.

2C:43-6.4. Subsection c authorizes courts to "grant a petition

for release from a special sentence of community supervision

only upon proof that the person has not committed a crime for 15

years since last conviction or release from incarceration,

whichever is later, and that the person is not likely to pose a

threat to the safety of others if released from supervision."

The Legislature's decision to define the term sex offense in

N.J.S.A. 2C:7-2b, use the term offense in N.J.S.A. 2C:7-2f, and

use the term crime in N.J.S.A. 2C:43-6.4c, evidences an intent

17 A-5671-13T1
to use those terms throughout Megan's Law precisely as the terms

are defined in the Code.

A.D. argues that the term offense in N.J.S.A. 2C:7-2f

"becomes ambiguous when considering it in conjunction with the

other subsections of 2C:7-2." J.B. and C.M. argue that because

"the State and the Public Defender have a reasonable

interpretation of the instant provision," the term offense in

N.J.S.A. 2C:7-2f admits to more than one reasonable

interpretation. We find appellants' arguments unpersuasive.

A.D. cites three of the Registration Law's sections:

N.J.S.A. 2C:7-2b(1) & (2), and N.J.S.A. 2c:7-2e. Subsection

2b(1) includes as sex offenses aggravated sexual assault, sexual

assault, aggravated criminal sexual contact, kidnapping under

N.J.S.A. 2C:13-1c(2), "or an attempt to commit any of these

crimes if the court found that the offender's conduct was

characterized by a pattern of repetitive compulsive behavior,

regardless of the date of the commission of the offense or the

date of the conviction[.]" (emphasis added). Subsection 2b(2),

enumerates specific crimes and adds, "or an attempt to commit

any of these enumerated offenses . . . ." (emphasis added).

Subsection 2e provides, among other things, that "[a] person

required to register under paragraph (2) of subsection b. of

this section or under paragraph (3) of subsection b. on the

basis of a conviction for an offense similar to an offense

18 A-5671-13T1
enumerated in paragraph (2) of subsection b shall verify his

address annually in a manner prescribed by the Attorney

General." (emphasis added).

Emphasizing each of the underscored phrases, A.D. argues

that each reference to "[t]he word 'offense' in these [phrases]

obviously refers to a sex offense, yet the Legislature only used

the word offense, most likely because the continual repetition

of the word 'sex offense' would have been too wordy and

redundant." From that observation, A.D. argues that "[s]ince

that same pattern is carried in subsection [f], the likely

conclusion is that the word 'offense' refers to a 'sex offense'

in that subsection as well."

A.D. overlooks both the context and syntax of the

subsections he cites. Subsection b(1) designates certain crimes

as sex offenses, includes attempts to commit any of "these

crimes," and makes irrelevant "the date of the commission of the

offense or the date of conviction." Contextually, the terms

"these crimes" and "the offense" are meaningless unless they

refer to the specifically enumerated crimes. Syntactically, the

demonstrative pronoun "these" before "crimes" and the definite

article "the" before "offense" refer to specific antecedents,

namely, the crimes enumerated in the same subsection.

The same is true of subsections b(2) and e. In subsection

b(2), the phrase "the enumerated offenses" both contextually and

19 A-5671-13T1
syntactically refers back to the offenses enumerated in that

subsection; and the phrase in subsection e – "on the basis of a

conviction for an offense similar to an offense enumerated in

paragraph (2) of subsection b" – refers explicitly to the crimes

enumerated in subsection b(2).

In contrast, subsection f permits "a person required to

register under this act," to apply for termination of the

obligation "upon proof that the person has not committed an

offense within 15 years following conviction or release from a

correctional facility . . . ." (emphasis added). The text of

subsection f contains no enumerated crimes, and the phrase "an

offense" includes the indefinite article "an," which neither

contextually nor syntactically refers to an antecedent. Stated

in terms of the Code's general definitional section, neither the

context nor syntax of subsection f "plainly require[s]" a

meaning of offense different from the term's defined meaning.

N.J.S.A. 2C:1-14k.

We are also unpersuaded by J.B. and C.M.'s argument that

because they and the State both have reasonable interpretations

of the term offense in N.J.S.A. 2C:7-2f, the term offense admits

to more than one reasonable interpretation. The question

whether statutory language is ambiguous is not resolved based on

one party's self-proclaimed assertion that the parties'

20 A-5671-13T1
conflicting interpretations of a statute are reasonable. As two

distinguished authors have pointed out:

You might be tempted to say, "If the
language were plain and unambiguous, we
wouldn't be arguing about it, would we?"
Banish the thought: lawyers argue about
plain and unambiguous language all the time.
That is their job: to inject doubt when it
is in their clients' interest.

[Antonin Scalia & Bryan A. Garner, Reading
Law: The Interpretation of Legal Texts, 54
(2012).]

Appellants have offered neither persuasive authority nor a

persuasive reason why the Legislature's definition of the term

offense should be disregarded. Were we to adopt their arguments

we would, in effect, be requiring the Legislature to not only

define a term and state that it is used as defined unless a

different meaning is plainly required, but then redefine the

term each time it is used throughout an enactment. The folly of

such a result is self-evident.

C.

A.D. alternatively contends that if N.J.S.A. 2C:7-2f is

found to be facially unambiguous, we should nevertheless

consider a committee statement accompanying the bill that became

law and added section g to N.J.S.A. 2C:7-2. L. 2001, c. 392.

A.D. bases his argument on the Supreme Court's statement that

"whatever the rule of construction, it is subordinate to the

goal of effectuating the legislative plan as it may be gathered

21 A-5671-13T1
from the enactment 'when read in the full light of its history,

purpose and context.'" State v. Lewis, 185 N.J. 363, 369 (2005)

(quoting State v. Gill, 47 N.J. 441, 444 (1966)). Although we

question the validity of A.D.'s argument in a case where a

statute is facially unambiguous, we nevertheless address it for

the sake of completeness.

The Legislature amended N.J.S.A. 2C:7-2 in 2002 to comply

with the federal Jacob Wetterling Act, 42 U.S.C.A. § 14071.

[The Jacob Wetterling Act] directs the
federal Attorney General to establish
guidelines for state programs such as
Megan's Law that require the registration of
persons guilty of offenses of the kind
committed by the registrants herein and
prescribes the length of time for which
offenders must remain registered. 42
U.S.C.A. § 14071(a)(1). For the offenses of
which registrants were found guilty, they
would be obliged to remain registered for
the rest of their lives. Id. at § 14071
(b)(6)(B)(ii). States that fail to
implement the Jacob Wetterling Program are
to be denied, under 42 U.S.C.A. §
14071(g)(2), ten percent of certain funding
that would otherwise be allocated to the
States under 42 U.S.C.A. § 3756.

[In re L.E., 366 N.J. Super. 61, 66 (App.
Div. 2003).]

This is the pertinent portion of the committee statement

A.D. relies on:

This bill prohibits the removal of certain
sex offenders from the State's sex offender
registry.

Under the provisions of this bill,
registered sex offenders who have been

22 A-5671-13T1
 convicted of . . . more than one sex offense
or who have been convicted of . . .
aggravated sexual assault or sexual assault
involving physical force or coercion may not
apply to the Superior Court to terminate the
obligation to register.

Under current State law, a sex offender who
has not committed a repeat offense for at
least fifteen years may petition a judge to
remove his name from the registry. The
federal Megan's Law provision in the Jacob
Wetterling Act, however, prohibits twice
convicted sex offenders or violent sex
offenders with one conviction from being
released from the requirement to register.
States that do not comply with this
requirement will lose federal funding
beginning in the year 2002.

[Senate Law and Public Safety Committee
Statement to Senate No. 2714 (Nov. 29, 2001)
(emphasis added).]

A.D. asserts that the phrase "current State law" refers to

N.J.S.A. 2C:7-2f, and the term "a repeat offense" refers to the

commission of another sex offense. From those assertions, A.D.

reasons that the legislative plan as described in the committee

statement "is to bar repeat sex offenders from being removed

from the purview of Megan's Law" and that the "plan is to be

effectuated regardless of the literal text of 2C:7-2f, which is

subordinate to the legislature's plan."

We reject A.D.'s argument. The purpose of the committee

statement was to describe the provisions of pending legislation,

not the provisions of legislation enacted seven years earlier.

Thus, any conclusion about previous legislation that might be

23 A-5671-13T1
deduced from the statement is speculative. More significantly,

even if the committee statement refers to a repeat sex offender,

the committee statement accurately described the "existing law";

before N.J.S.A. 2C:7-2 was amended to add subsection g, a repeat

sex offender who had not committed an offense of any kind,

including a sex offense, within fifteen years of the last sex

offense was not prohibited from seeking termination of his

registration requirements. The offender would nonetheless have

been prohibited from seeking termination of his registration

requirements if he had committed a recent non-sex offense. We

thus reject A.D.'s argument.

D.

Appellants next argue that interpreting the word offense in

N.J.S.A. 2C:7-2f to mean a non-sex offense would not be

rationally related to the goal of Megan's Law. We disagree.

The purpose of the Registration Law is stated in N.J.S.A.

2C:7-1:

a. The danger of recidivism posed by sex
offenders and offenders who commit other
predatory acts against children, and the
dangers posed by persons who prey on others
as a result of mental illness, require a
system of registration that will permit law
enforcement officials to identify and alert
the public when necessary for the public
safety.

b. A system of registration of sex offenders
and offenders who commit other predatory
acts against children will provide law
enforcement with additional information

24 A-5671-13T1
 critical to preventing and promptly
resolving incidents involving sexual abuse
and missing persons.

As we previously pointed out, after noting that Megan's

Law's registration requirements "are lifetime requirements

unless the registrant has been offense-free for fifteen years

following conviction or release from a correctional facility

(whichever is later) and . . . can persuade the court that he or

she is not likely to pose a threat to the safety of others[,]"

Doe v. Poritz, supra, 142 N.J. at 21, the Supreme Court

determined that "[o]ur Legislature could reasonably conclude

that risk of reoffense can be fairly measured, and that

knowledge of the presence of offenders provides increased

defense against them. Given those conclusions, the system

devised by the Legislature is appropriately designed to achieve

the laws' purpose of protecting the public." Id. at 25. The

Supreme Court's pronouncements are dispositive of appellants'

arguments.

A.D. asserts that "the psychological community believes

that the commission of a non-sexual, technical parole violation

does not increase one's risk, or danger, to recidivate." From

that assertion, A.D. reasons, "[i]t . . . cannot rationally be

concluded that the State's interpretation of the word 'offense'

is related to the objective of Megan's Law." We disagree.

25 A-5671-13T1
 As the Supreme Court explained in Doe v. Poritz,

"[c]onflicting studies and interpretations, especially

concerning the precise numbers, abound, but as noted above, the

resolution of the controversy in this area is solely a

legislative matter." Supra, 142 N.J. at 15, n. 1. Moreover,

the Attorney General developed the RRAS and the Registrant Risk

Assessment Manual to implement the legislative directive to

provide three levels of notification depending upon the risk of

reoffense. N.J.S.A. 2C:7-8. "The [RRAS] was rationally derived

by a panel of mental health and legal experts by the following

process: 1) the selection of risk assessment criteria that have

empirical support; 2) the [weighing] of these pertinent risk

assessment criteria; and 3) the use of sample cases to assist in

the setting of numerical cutoff points for low, moderate and

high risk scores." Attorney General Guidelines for Law

Enforcement For the Implementation of Sex Offender Registration

and Community Notification Law (June 1998, rev'd February 2007),

Appendix E at 1.

The RRAS takes into consideration antisocial acts other

than sex offenses. Id. at 3. We point this out not to suggest

that the Guidelines and Manual are somehow reflective of the

Legislature's intent in enacting Megan's Law's registration

requirements, but rather to emphasize the invalidity of A.D.'s

assertion that reports from one or two psychologists are either

26 A-5671-13T1
reflective of the psychological community's beliefs or authority

for the proposition that including non-sex offenses in the

statutory scheme is contrary to the statutory purpose. In

short, we are unpersuaded by appellant's arguments.

III.

Appellants next argue that in In re Registrant J.G., 169

N.J. 304 (2001), the Supreme Court held that the term offense in

N.J.S.A. 2C:7-2f means sex offense. Alternatively, appellants

argue that the Court's reference to the term offense in N.J.S.A.

2C:7-2 as "sex offense" is dicta and the Supreme Court's dicta

is binding on the Appellate Division and trial courts. Lastly,

appellants argue that the Supreme Court opinion in J.G. at least

demonstrates that the term offense in N.J.S.A. 2C:7-2f is

ambiguous.

In J.G., the Court undertook "the judicial task of

harmonizing [the Legislature's generalized intent to apply

Megan's Law to juveniles adjudicated delinquent based on

convictions of sex offenses] with the protective philosophy

underlying the Code of Juvenile Justice, as well as with that

statute's specific provisions[.]" J.G., supra, 169 N.J. at 320.

The Court held that for juveniles adjudicated delinquent for

committing a sex offense when they were under age fourteen,

"Megan's Law registration and community notification orders

shall terminate at age eighteen if the Law Division, after a

27 A-5671-13T1
hearing . . . determines on the basis of clear and convincing

evidence that the delinquent is not likely to pose a threat to

the safety of others." Id. at 337. In so holding, the Court

explained:

We import that standard but with a higher
burden of proof, from N.J.S.A. 2C:7-2, the
provision of Megan's Law that authorizes the
termination of registration obligations of
persons who have not committed a sex offense
within fifteen years of conviction or
release from a correctional facility,
whichever is later.

[Ibid. (emphasis added).]

Appellants argue that the Court's reference to "the

termination of registration obligations of persons who have not

committed a sex offense within fifteen years" could have

referred only to N.J.S.A. 2C:7-2f, is central to the Court's

holding, and is therefore dispositive of whether the term

offense in that statutory subsection means sex offense.

We disagree with appellants that the Court's reference to

the term "offense" as "sex offense" was part of its holding.

N.J.S.A. 2C:7-2f imposes two conditions on a registrant's right

to seek termination of the registration requirements: first, the

registrant must prove that he has not committed an offense

within fifteen years following conviction or release; second,

the registrant must prove that he is not likely to pose a threat

to the safety of others. The Court's holding in J.G., which the

Court stated explicitly, was that Megan's Law's registration and

28 A-5671-13T1
community notification requirements shall terminate at age

eighteen if, after a hearing, the Law Division "determines on

the basis of clear and convincing evidence that the delinquent

is not likely to pose a threat to the safety of others." J.G.,

supra, 169 N.J. at 337.

The Court in J.G. did not impose as a condition of

termination a juvenile registrant's non-commission of an

offense, sexual or otherwise. Thus, the Court's holding would

have been entirely unaffected if it had deleted everything

following the statutory citation from its statement, "[w]e

import that standard, but with a higher burden of proof, from

N.J.S.A. 2C:7-2, the provision of Megan's Law that authorizes

the termination of registration obligations of persons who have

not committed a sex offense within fifteen years of conviction

or release from a correction facility, whichever is later."

Indisputably, the Court's "expression of opinion on a point

involved in a case, argued by counsel and deliberately mentioned

by the court, although not essential to the disposition of the

case . . . becomes authoritative[] when it is expressly declared

by the court as a guide for future conduct." State v. Rose, 206

N.J. 141, 183 (2011) (quoting 21 C.J.S. Courts § 230 (2006)).

"Indeed, as an intermediate appellate court, we consider

ourselves bound by carefully considered dictum from the Supreme

Court." State v. Breitweiser, 373 N.J. Super. 271, 282-83 (App.

29 A-5671-13T1
Div. 2004), certif. denied, 182 N.J. 628 (2005); see also State

v. Rawls, 219 N.J. 185, 198 (2014).

On the other hand, not every word and every phrase

contained in a Supreme Court opinion constitutes binding

precedent. "'Much depends upon the character of the dictum.

Mere obiter may be entitled to little weight, while a carefully

considered statement . . . though technically dictum, must carry

great weight, and may even . . . be regarded as conclusive.'"

Barreiro v. Morais, 318 N.J. Super. 461, 468 (1999) (quoting

Charles A. Wright, The Law of Federal Courts § 58 at 374 (4th

ed. 1983)); cf. State v. Sorensen, 439 N.J. Super. 471, 487-89

(2015) (holding that in an opinion in which our Supreme Court

made a statement in its technical discussion but not in its

legal discussion, with respect to an issue involving a

"countervailing command, namely the Legislature's specific

determination," we were bound to carry out the Legislative

mandate).

In J.G., the issue of whether the term offense in N.J.S.A.

2C:7-2f meant offense generally, or sex offense as defined in

N.J.S.A. 2C:7-2b, does not appear to have been raised or briefed

by the parties or analyzed by the Court. Rather, the Court's

reference to sex offense appears to be a passing comment.

Moreover, the comment appears to contradict the Court's previous

explanation that the Registration Law's requirements are

30 A-5671-13T1
lifetime requirements unless the registrant has been "offense-

free." Doe v. Poritz, supra, 142 N.J. at 21. The Court's

"offense-free" comment in Doe v. Poritz – where the Court

specifically resolved the question whether the Registration and

Community Notification Laws were constitutional, id. at 12 – is

entirely consistent with the Legislative definition of the term

offense in N.J.S.A. 2C:1-14k.

For all of the foregoing reasons, we reject appellants'

arguments that the Court's passing comment in J.G. is

precedential. Appellants' remaining arguments are without

sufficient merit to warrant further discussion. R. 2:11-

3(e)(1)(E).

IV.

We are not unsympathetic to A.D.'s argument that, with

respect to repeat offenders but not repeat sex offenders, there

should be no absolute bar under N.J.S.A. 2C:7-2f to the

termination of registration requirements, particularly where the

repeat offenses are minor; and, that repeat offenses not sexual

in nature can be considered by courts in determining whether a

registrant has established the second requirement of N.J.S.A.

2C:7-2f, namely, that the registrant "is not likely to pose a

threat to the safety of others." In the first instance,

however, determining the conditions under which termination are

appropriate is a decision for the Legislature to make. Here,

31 A-5671-13T1
the Legislature has made the decision after acting "on what [it]

conclude[d], in a welter of conflicting opinions, to be the

probable best course." Doe v. Poritz, supra, 142 N.J. at 25.

Courts have a "fundamental duty not to substitute [their] views

for those expressed by the Legislature in the language the

Legislature selected in enacting a statute[.]" Friedman, supra,

209 N.J. at 118 (citing State v. Baker, 198 N.J. 189, 193

(2009)).

Affirmed.

32 A-5671-13T1