Megan’s Law was created in 1994 in response to a Hamilton Township rape and murder of 7-year-old Megan Kanka by a neighbor who was a twice-convicted child molester. When enacted, the law required a sex offender to register with the police department where he lived within 48 hours of his release from custody. In 1994, an offender’s violation of the registration requirements constituted a fourth-degree offense. However, the statute was amended in 2007, elevating a violation to a third-degree offense.
If a defendant is sentenced as a sex offender between 1994 and 2007, but violates the registration requirements after 2007, does charging the defendant with a third-degree offense constitute an ex post facto violation?