http://www.dailymail.co.uk/news/article-2017081/Two-teenagers-branded-sex-offenders-life-horseplay-incident.html
Two teenagers branded as sex offenders for life after sitting on other boys' faces with their bare buttocks as a prank
By Daily Mail Reporter
Last updated at 3:32 AM on 21st July 2011
Two New Jersey teenagers face registering for life as sex offenders under Megan's Law for what their lawyers claim was horseplay.
An appeals court agreed the boys, who were 14, engaged in sexual contact when they held down two 12-year-old boys in Somerset County in 2008 and placed their bare buttocks on their faces.
The ruling means the boys would have to register under Megan's Law because the court said sexual contact applies to touching for the purpose of humiliation.
Tough decision: Judge Victor Ashrafi was one of the three New Jersey appeals court judges who ruled that two young teenagers must register as sex offenders under Megan's Law
The judges wrote they were 'keenly aware' of the ruling's ramifications for the boys and for others.
The judges sent both cases back to a lower court to consider whether one boy can withdraw his guilty plea and whether the other received effective counsel.
In a decision handed down Monday, the three-judge panel acknowledged the severity of its decision, but said it was bound to uphold the law.
'We are keenly aware that our decision may have profound lifelong ramifications for these two boys as well as others similarly situated,' Judge Jose Fuentes wrote.
Judge Victor Ashrafi was another of the three New Jersey appeals court judges who ruled that two young teenagers must register as sex offenders.
One of the boys, whose case went to trial, said he had sat on the faces of a pair of 12-year-old schoolmates with his bare buttocks in November 2008 'cause I thought it was funny and I was trying to get my friends to laugh,' he told a family court judge.
The trial judge concluded the teenager intended to humiliate or degrade his victims and found him guilty of criminal sexual contact.
The second teenager who was implicated pleaded guilty to criminal sexual contact, and received the same penalty.
Horseplay: A prank involving touching someone for the purpose of humiliation may be considered sexual contact
The convictions were appealed, and the lawyers for the teenagers argued that their behaviour amounted to horseplay, which other appellate court panels had exempted from Megan’s Law.
David Fassett, the lawyer for the boy who pleaded guilty, argued that the court should not take such a literal view of the law, nj.com reports.
He said: 'I think the Appellate Division was simply offended by the conduct here and just couldn’t get past that issue.
The appeal did not challenge the application of Megan’s Law to the 14-year-old youths since courts have already ruled the law applies to offenders as young as 13, but on the ground that the offence was not severe enough to carry a lifelong stigma.
The panel, which also included Judges Victor Ashrafi and William Nugent, noted its constraints under the law.
'Although we are not unsympathetic to the arguments criticising the application of the lifelong registration requirements in Megan’s Law to 14-year-old offenders, we are bound to uphold such application because that outcome is mandated by the Legislature,' the court said in its ruling.
Nown that the judges have sent both cases back to a lower court it could mean that for the boys, who are now 16, there is still a possibility of having their convictions overturned.
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