New Jersey Statutes

N.J. Stat. § 53:1-20.20 (2026)

DNA samples required; conditions

✓ current as of May 2026

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4. a. On or after January 1, 1995 every person convicted of aggravated sexual assault and sexual assault under N.J.S.2C:14-2 or aggravated criminal sexual contact and criminal sexual contact under N.J.S.2C:14-3 or any attempt to commit any of these crimes and who is sentenced to a term of imprisonment shall have a blood sample drawn or other biological sample collected for purposes of DNA testing upon commencement of the period of confinement.

In addition, every person convicted on or after January 1, 1995 of these offenses, but who is not sentenced to a term of confinement, shall provide a DNA sample for purposes of DNA testing as a condition of the sentence imposed. A person who has been convicted and incarcerated as a result of a conviction of one or more of these offenses prior to January 1, 1995 shall provide a DNA sample before parole or release from incarceration.

Every person arrested for an offense enumerated in this subsection shall provide a DNA sample for purposes of DNA testing prior to the person's release from custody.

b. On or after January 1, 1998 every juvenile adjudicated delinquent for an act which, if committed by an adult, would constitute aggravated sexual assault or sexual assault under N.J.S.2C:14-2 or aggravated criminal sexual contact or criminal sexual contact under N.J.S.2C:14-3, or any attempt to commit any of these crimes, shall have a blood sample drawn or other biological sample collected for purposes of DNA testing.

Every juvenile arrested for an act which, if committed by an adult, would constitute an offense enumerated in this subsection shall provide a DNA sample for purposes of DNA testing prior to the juvenile's release from custody.

c. On or after January 1, 1998 every person found not guilty by reason of insanity of aggravated sexual assault or sexual assault under N.J.S.2C:14-2 or aggravated criminal sexual contact or criminal sexual contact under N.J.S.2C:14-3, or any attempt to commit any of these crimes, or adjudicated not delinquent by reason of insanity for an act which, if committed by an adult, would constitute one of these crimes, shall have a blood sample drawn or other biological sample collected for purposes of DNA testing.

d. On or after January 1, 2000 every person convicted of murder pursuant to N.J.S.2C:11-3, manslaughter pursuant to N.J.S.2C:11-4, aggravated assault of the second degree pursuant to paragraph (1) or (6) of subsection b. of N.J.S.2C:12-1, kidnapping pursuant to N.J.S.2C:13-1, luring or enticing a child in violation of P.L.1993, c.291 (C.2C:13-6), endangering welfare of children pursuant to N.J.S.2C:24-4, except for paragraph (2) of subsection a., or any attempt to commit any of these crimes and who is sentenced to a term of imprisonment shall have a blood sample drawn or other biological sample collected for purposes of DNA testing upon commencement of the period of confinement.

In addition, every person convicted on or after January 1, 2000 of these offenses, but who is not sentenced to a term of confinement, shall provide a DNA sample as a condition of the sentence imposed. A person who has been convicted and incarcerated as a result of a conviction of one or more of these offenses prior to January 1, 2000 shall provide a DNA sample before parole or release from incarceration.

Every person arrested for an offense enumerated in this subsection shall provide a DNA sample for purposes of DNA testing prior to the person's release from custody.

e. On or after January 1, 2000 every juvenile adjudicated delinquent for an act which, if committed by an adult, would constitute murder pursuant to N.J.S.2C:11-3, manslaughter pursuant to N.J.S.2C:11-4, aggravated assault of the second degree pursuant to paragraph (1) or (6) of subsection b. of N.J.S.2C:12-1, kidnapping pursuant to N.J.S.2C:13-1, luring or enticing a child in violation of P.L.1993, c.291 (C.2C:13-6), endangering welfare of children pursuant to N.J.S.2C:24-4, except for paragraph (2) of subsection a., or any attempt to commit any of these crimes, shall have a blood sample drawn or other biological sample collected for purposes of DNA testing.

f. On or after January 1, 2000 every person found not guilty by reason of insanity of murder pursuant to N.J.S.2C:11-3, manslaughter pursuant to N.J.S.2C:11-4, aggravated assault of the second degree pursuant to paragraph (1) or (6) of subsection b. of N.J.S.2C:12-1, kidnapping pursuant to N.J.S.2C:13-1, luring or enticing a child in violation of P.L.1993, c.291 (C.2C:13-6), endangering welfare of children pursuant to N.J.S.2C:24-4, except for paragraph (2) of subsection a., or any attempt to commit any of these crimes, or adjudicated not delinquent by reason of insanity for an act which, if committed by an adult, would constitute one of these crimes, shall have a blood sample drawn or other biological sample collected for purposes of DNA testing.

g. Every person convicted or found not guilty by reason of insanity of a crime or a specified disorderly persons offense shall have a blood sample drawn or other biological sample collected for purposes of DNA testing. If the person is sentenced to a term of imprisonment or confinement, the person shall have a blood sample drawn or other biological sample collected for purposes of DNA testing upon commencement of the period of imprisonment or confinement. If the person is not sentenced to a term of imprisonment or confinement, the person shall provide a DNA sample as a condition of the sentence imposed. A person who has been convicted or found not guilty by reason of insanity of a crime prior to the effective date of P.L.2003, c.183 or of a specified disorderly persons offense prior to the effective date of P.L.2015, c.263 and who, on the effective date, is serving a sentence of imprisonment, probation, parole or other form of supervision as a result of the crime or is confined following acquittal by reason of insanity shall provide a DNA sample before termination of imprisonment, probation, parole, supervision or confinement, as the case may be.

h. Every juvenile adjudicated delinquent, or adjudicated not delinquent by reason of insanity, for an act which, if committed by an adult, would constitute a crime or a specified disorderly persons offense shall have a blood sample drawn or other biological sample collected for purposes of DNA testing. If under the order of disposition the juvenile is sentenced to some form of imprisonment, detention or confinement, the juvenile shall have a blood sample drawn or other biological sample collected for purposes of DNA testing upon commencement of the period of imprisonment, detention or confinement. If the order of disposition does not include some form of imprisonment, detention or confinement, the juvenile shall provide a DNA sample as a condition of the disposition ordered by the court. A juvenile who, prior to the effective date of P.L.2003, c.183, has been adjudicated delinquent, or adjudicated not delinquent by reason of insanity for an act which, if committed by an adult, would constitute a crime or, prior to the effective date of P.L.2015, c.263, has been adjudicated delinquent or adjudicated not delinquent by reason of insanity for an act which, if committed by an adult, would constitute a specified disorderly persons offense, and who on the effective date is under some form of imprisonment, detention, confinement, probation, parole or any other form of supervision as a result of the offense or is confined following an adjudication of not delinquent by reason of insanity shall provide a DNA sample before termination of imprisonment, detention, supervision or confinement, as the case may be.

As used in this act, "specified disorderly persons offense" shall mean assault constituting domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19); prostitution pursuant to N.J.S.2C:34-1; any disorderly persons offense relating to narcotics or dangerous drugs for which a person is required to be fingerprinted pursuant to section 1 of P.L.1952, c.92 (C.53:1-18.1), excluding possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish under N.J.S.2C:35-10; or any other disorderly persons offense for which a person is required to be fingerprinted pursuant to R.S.53:1-15. A "specified disorderly persons offense" shall not include shoplifting pursuant to N.J.S.2C:20-11.

i. Nothing in this act shall be deemed to limit or preclude collection of DNA samples as authorized by court order or in accordance with any other law.

Notes of Decisions

Cited in 11 cases (3 in the last 5 years), 2005–2026 · leading case: State of New Jersey v. Rodney Armour, 141 A.3d 381 (N.J. Super. Ct. App. Div. 2016).

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State of New Jersey v. Rodney Armour, 141 A.3d 381 (N.J. Super. Ct. App. Div. 2016). · cites it 2× “In pertinent part, N.J.S.A. 53:1-20.20(g) states "[e]very person convicted or found not guilty by reason of insanity of a crime shall have a blood sample drawn or other biological sample collected for purposes of DNA testing.”

State of New Jersey v. Tariq S. Gathers, 156 A.3d 1108 (N.J. Super. Ct. App. Div. 2017). · cites it 3× “" Despite recognizing this provision was intended to avoid repeated collection of biological samples from an individual – because, in the State's own words here, that would be "egregious," "wasteful," and "an unnecessary intrusion" – the State nevertheless seeks precisely that:…”

State v. Gathers, 190 A.3d 409 (N.J. 2018). “See N.J.S.A. 53:1-20.20. Furthermore, our statute allows for the taking of a buccal swab only at the time of booking or indictment for certain enumerated offenses.”

Polston v. State, 201 S.W.3d 406 (Ark. 2005). “” See N.J. Stat. Ann. § 53:1-20.20 . The remaining states, the District of Columbia, and the federal government require collection of DNA samples from all persons convicted of certain enumerated offenses.”

In Re the Welfare of M.L.M., 781 N.W.2d 381 (Minn. Ct. App. 2010). “2d 260, 266 (2007) (affirming constitutionality of N.J. Stat. Ann. § 53:1-20.20 (h) (2003), holding that expectation of privacy of a juvenile defendant “is so minimal as compared to the government’s substantial interest” that no greater protection than that required for…”

State v. Rafael Camey (080574)(Passaic Cnty. & Statewide) (N.J. 2019). · cites it 5× “The State argued that it could have obtained a buccal swab from defendant under N.J.S.A. 53:1-20.20 or through an application for investigative detention under Rule 3:5A-4.”

In the Matter of the Investigation of Burglary & Theft (15-020585, Ocean Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2018). · cites it 5× “The enumerated "mandatory" offenses requiring a person to submit a DNA sample are set forth in N.J.S.A. 53:1-20.20(a) to (i). Subsections (a) to (c) require defendants arrested, convicted, found not guilty by reason of insanity, or juveniles adjudicated delinquent of serious…”

In the Matter of the Investigation of Burglary & Theft (082243) (Ocean Cnty. & Statewide) (N.J. 2020). · cites it 2× “N.J.S.A. 53:1-20.20(a) to (h). The DNA Act further provides that “[n]othing in this act shall .”

State of New Jersey v. Anthony Barksdale (N.J. Super. Ct. App. Div. 2024). “Preliminarily, when the State proffered this evidence before trial, defense counsel argued his refusal did not constitute a statement against interest, as defendant's objection stemmed from his confusion about why the State needed another sample from him, and therefore it would…”

State of New Jersey v. Akeem M. Barptelus (N.J. Super. Ct. App. Div. 2025). “The Gathers Court recognized that if the defendant has not been charged with one of the enumerated crimes in N.J.S.A. 53:1-20.20,2 the State must file a motion supported by probable cause, including a hearsay affidavit that "(1) set[s] forth the basis of knowledge for the…”

State of New Jersey in the Interest of K.W., a Juv. (N.J. Super. Ct. App. Div. 2026). “to an eighteen-month term of detention and requiring him to provide a biological sample for DNA, pursuant to N.J.S.A. 53:1-20.20. On appeal, K.W. raises the following contentions: POINT I THE COURT'S DENIAL OF THE SUPPRESSION MOTION MUST BE REVERSED BECAUSE BOTH THE TESTIMONIAL…”

— N.J. Stat. § 53:1-20.20(a) — 2 cases

In the Matter of the Investigation of Burglary & Theft (15-020585, Ocean Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2018). “The enumerated "mandatory" offenses requiring a person to submit a DNA sample are set forth in N.J.S.A. 53:1-20.20(a) to (i). Subsections (a) to (c) require defendants arrested, convicted, found not guilty by reason of insanity, or juveniles adjudicated delinquent of serious…”

In the Matter of the Investigation of Burglary & Theft (082243) (Ocean Cnty. & Statewide) (N.J. 2020). “N.J.S.A. 53:1-20.20(a) to (h). The DNA Act further provides that “[n]othing in this act shall .”

— N.J. Stat. § 53:1-20.20(d) — 1 case

— N.J. Stat. § 53:1-20.20(g) — 1 case

State of New Jersey v. Rodney Armour, 141 A.3d 381 (N.J. Super. Ct. App. Div. 2016). “In pertinent part, N.J.S.A. 53:1-20.20(g) states "[e]very person convicted or found not guilty by reason of insanity of a crime shall have a blood sample drawn or other biological sample collected for purposes of DNA testing.”

— N.J. Stat. § 53:1-20.20(h) — 1 case

— N.J. Stat. § 53:1-20.20(i) — 2 cases

State of New Jersey v. Tariq S. Gathers, 156 A.3d 1108 (N.J. Super. Ct. App. Div. 2017). “" Despite recognizing this provision was intended to avoid repeated collection of biological samples from an individual – because, in the State's own words here, that would be "egregious," "wasteful," and "an unnecessary intrusion" – the State nevertheless seeks precisely that:…”

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