Indictment Reinstated Against Sex Offender Working at Youth Camp

The New Jersey Supreme Court on Thursday ruled that a youth ministry volunteer who also is a convicted sex offender can be prosecuted for violating his parole because the church camp where he worked qualified as a "youth-serving organization."

In a unanimous ruling, the court agreed with a state prosecutor and reinstated an indictment against the volunteer, identified only as S.B., who was charged because he worked as a youth leader, counselor and mentor at the No Limits Youth Ministry, which is part of the Eternal Life Christian Center in Somerset, in violation of Megan's Law.

Two lower courts had held that the indictment should be dismissed because the ministry was not solely a "youth-serving" organization, but rather a part of the church itself. The high court disagreed.

"We conclude that a plain-language reading of [Megan's Law] does not exempt a youth ministry associated with a church or other religious organization from the definition of a 'youth-serving organization,'" wrote Justice Walter Timpone for the court.

The court, Timpone said, took the state's view that "children in religious settings should receive the same protection under Megan's Law that children in secular groups receive."

During oral arguments in April, Deputy Attorney General Claudia Demitro said S.B. was clearly violating the terms of his lifetime parole by working with a group that involves persons under the age of 18 as a supervisor and mentor for kids attending day camps, movie nights and concerts.

Convicted sex offenders are barred, under the language of Megan's Law, from being involved in "youth-serving" organizations.

The statute defines a youth-serving organization as a "sports team, league, athletic association or any other corporation, association, or organization, excluding public and non-public schools, which provides for recreational, educational, cultural, social, charitable or other activities or services to persons under 18 years of age."

Somerset County Superior Court Judge Julie Marino dismissed the charges against S.B., finding that the ministry was not a "youth-serving" organization, but instead a "subset" of the Christian center.

Marino, later affirmed by Appellate Division Judges Marie Lihotz, William Nugent and Carol Higbee, also said the ministry did not meet the statutory definition of a "youth-serving" organization, and that S.B. had notified church leaders of his status as a sex offender on probation.

During arguments, S.B.'s lawyer, Columbus solo Alison Perrone, emphasized that S.B. openly acknowledged his status to church elders and was not attempting to hide anything.

But Timpone said the indictment should be reinstated despite his "good faith" effort to notify church officials of his history as a sex offender.

Neither the Attorney General's Office nor Perrone responded to requests for comment.

Contact the reporter at mbooth@alm.com.

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