Legal landscape note: This article was originally published in 2016 and describes the law as it stood at that time. New Jersey law changes frequently.
Overview
Your child spends Friday nights at the church youth group, and you may assume Megan's Law keeps convicted sex offenders out of the volunteer rotation. In March 2016, the New Jersey Appellate Division said otherwise: in a published opinion, it held that sex offenders subject to Megan's Law community-notification requirements are not automatically barred from volunteering with church-related youth programs. The decision, authored by Judge Marie Lihotz and joined by Judge William Nugent and Judge Carol Higbee, affirmed a Somerset County Superior Court ruling dismissing a criminal indictment against a convicted sex offender who had been volunteering with his church's youth ministry.
The ruling raised important questions for parents, religious organizations, and criminal justice advocates about the scope of Megan's Law restrictions and the boundaries between rehabilitation and public safety.
The Case: State v. S.B.
The defendant, identified only as "S.B.," was a convicted sex offender originally found guilty of sexual assault on a victim under the age of 18 -- an offense punishable by three to five years of imprisonment under N.J.S.A. 2C:14-2. After serving his sentence, S.B. became active at the Eternal Life Christian Center in Somerset County, where he volunteered as a youth leader, chaperone, counselor, and mentor for children ages 12 to 17.
S.B.'s volunteer activities included supervising movie nights, events, meetings, and day-long camps. A grand jury subsequently indicted him for violating N.J.S.A. 2C:7-1 to -23 -- the statutory provisions implementing Megan's Law -- which prohibit convicted sex offenders from participating in "youth serving organizations."
Superior Court Judge Marino dismissed the indictment, finding that the church's youth ministry did not constitute a "youth serving organization" within the meaning of the statute. The Somerset County Prosecutor's Office appealed.
The Appellate Division's Reasoning
The Appellate Division affirmed Judge Marino's dismissal. The court examined the statutory definition of "youth serving organization" under N.J.S.A. 2C:7-1 et seq. and concluded that the term is necessarily limited to "a sports team, league, or athletic association" that provides "educational, recreational, social, charitable, or cultural activities to those under 18 years old."
Importantly, the court explicitly excluded public schools and, by extension, religious organizations from the statutory definition. The panel held that the Legislature did not intend for Megan's Law to bar sex offenders from all contact with minors in religious or educational settings -- only from organized athletic programs.
The Broader Context
Megan's Law, enacted in 1994 following the murder of seven-year-old Megan Kanka in Hamilton Township, Mercer County, requires convicted sex offenders to register with local law enforcement and, in certain cases, community notification of the offender's presence. See N.J.S.A. 2C:7-1 et seq. The law has been repeatedly amended and strengthened over the years.
The tension at the heart of cases like S.B.'s involves balancing the public's right to know about sex offenders in their communities against the offender's ability to rehabilitate and reintegrate into society. Religious organizations often play a central role in rehabilitation programs, yet they also bear responsibility for protecting children in their care.
What This Means for Religious Organizations
The ruling does not require churches or other religious institutions to accept sex offenders as volunteers. Individual organizations retain the discretion to set their own policies regarding volunteer eligibility. However, the decision does clarify that mere participation in a church youth program does not automatically constitute a Megan's Law violation.
Religious leaders should consult with legal counsel about appropriate screening procedures, supervision protocols, and liability insurance coverage when considering volunteer policies.
Key Takeaways
- The Appellate Division held that church youth groups are not "youth serving organizations" under Megan's Law
- Sex offenders may not be automatically criminally charged for volunteering with church youth programs
- Individual religious organizations retain discretion to set their own volunteer policies
- Megan's Law is codified at N.J.S.A. 2C:7-1 to -23
- Balancing rehabilitation and child safety remains a complex policy challenge
Reviewed by Britt J. Simon, Esq., Managing Partner -- Simon Law Group, LLC -- May 2026
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