Megan's Law In California: Understanding The Strict Enforcement

Megan's Law is a federal law in the United States that requires law enforcement to make information about registered sex offenders available to the public. The law is named after Megan Kanka, a seven-year-old girl from New Jersey who was raped and murdered by a known sex offender living in her neighbourhood. In 1996, California enacted Megan's Law, which provides the public with photographs and descriptive information about serious sex offenders residing in the state. The information is made available through the California Megan's Law website and at local police departments.

Public access to information about sex offenders

Megan's Law was enacted in California in 1996, requiring the state to provide the public with photographs and descriptive information on serious sex offenders residing in the state who have been convicted of sex crimes. This information is made available to help members of local communities protect themselves and their children. The law is named after Megan Kanka, a seven-year-old girl from New Jersey who was raped and killed by a known registered sex offender living in her neighbourhood.

In California, sex offenders are required to register with the police in the jurisdiction in which they reside, and this information is made available to law enforcement agencies. The public can access this information at some local police departments, and it is also available online at meganslaw.ca.gov. The information that can be disclosed includes the offender's full name, known aliases, gender, race, physical description, photograph, date of birth, address, crimes resulting in their registration, and a description of their vehicle(s).

The Family Educational Rights and Privacy Act (FERPA) does not prohibit the release of data on registered sex offenders under Megan's Law. The law allows the public to view information about sex offenders residing in their community, helping people be aware of potential risks.

The details of what information is provided and how it is disseminated is decided by individual states. Commonly, the information includes the offender's name, picture, address, incarceration date, and offence of conviction. This information is often displayed on free public websites but can also be published in newspapers, pamphlets, or through other means.

It is important to note that while the contents of state sex offender registries are public records, access to this information can sometimes be difficult. In many states, one must know the name of the individual and go to the local police station to complete an information request form. Some states also charge fees and have search limits.

Sex offender registration requirements

Megan's Law was enacted in 1996, requiring the Justice Department to establish a searchable Internet database where specific sex offender registrations were available for public view. The law was established to keep the public informed so they could protect themselves and their families from offenders deemed to be higher risk.

In California, people convicted of certain sex crimes must register as sex offenders with their local law enforcement agency. This is a requirement under California Penal Code 290.

California has a three-tier sex offender registration system with different reporting requirements. Offenders must register:

• Annually within five days of their birthday.
• Within five days of moving residences.
• Within five days of release from custody.
• Within five days of conviction (if not sentenced to incarceration).

Sex offender residency restrictions may also be imposed.

Tier 1

Tier 1 sex offenders are considered low-risk and the least likely to re-offend. They must keep their registration current for at least ten years. Offenses in this tier include:

• Misdemeanor sexual battery.
• Indecent exposure.
• Misdemeanor child pornography.
• Misdemeanor oral copulation with a minor.
• Enticing a child to prostitution.
• Unlawful sexual intercourse.
• Sodomy without force.
• Misdemeanor arrange a meeting with a minor.
• Misdemeanor foreign object penetration.
• First offense annoying a child.

Tier 2

Tier 2 sex offenders are considered moderate-risk offenders and must keep their registration current for at least 20 years. Offenses in this tier include:

• Oral copulation with a minor under 14.
• Oral copulation, victim unable to consent.
• Sodomy with a minor under 14.
• Sodomy, victim unable to consent.
• Rape when the victim is unable to consent.
• Contact a minor to commit a felony.
• Foreign object penetration, victim unable to consent.
• Second offense annoying or molesting a child.
• Incest.

Tier 3

Tier 3 is the highest-risk category for the most severe sex crimes. Those convicted of Tier 3 offenses must maintain their registration for life. Offenses in this tier include:

• Felony child pornography.
• Sex trafficking of children.
• Oral copulation by force.
• Oral copulation in concert with another.
• Most instances of rape.
• Gang rape in concert.
• Murder during the commission of rape.
• Kidnapping for a sexual act.
• Assault with intent to commit a felony.
• Felony sexual battery.
• Pimping and pandering a minor.
• Transporting a minor for lewd purposes.
• Abducting a minor for prostitution.
• Aggravated sexual assault of a child.
• Contributing to the delinquency of a minor.
• Sodomy in concert with another.
• Sodomy by force.
• Lewd acts with a minor under 14.
• Lewd acts with a minor by force.
• Sending harmful matter to seduce a minor.
• Contacting a minor with intent to commit a felony.
• Felony arranging a meeting with a minor.
• Continuous sexual abuse of a child.
• Sex acts against a child under 10.
• Foreign object penetration by force or duress.
• Soliciting someone to commit a sex crime.
• Habitual sex offender.
• Defendant sentenced to 25 years to life.
• Above-average-risk sex offender.

Community notification protocols

In California, Megan's Law requires sex offenders to register with the police in the jurisdiction in which they reside. The State makes this information available to law enforcement agencies, and the public can view the information at some local police departments. Sex offenders must also register with the Foothill-De Anza Police Department if they work at the Community College, attend classes, or volunteer.

The Community College Police Department may notify any of the following persons, agencies, or organizations that the offender is likely to come into contact with:

• Public and private educational institutions
• Daycare establishments
• Locations that mainly serve individuals likely to be victimized by an offender
• Other community members that may be at risk

The following information regarding a sex offender can be provided to the above:

• The offender's full name
• The offender's known aliases
• The offender's gender
• The offender's race
• The offender's physical description
• The offender's photograph
• The offender's date of birth
• Crimes resulting in registration under 290 PC
• The offender's address, which must be verified before publication
• Description and license plate number of offender's vehicles or vehicles the offender is known to drive
• Type of victim targeted by the offender
• Relevant parole and probation conditions, such as one prohibiting contact with children
• Dates of crimes resulting in classification under this section
• Date of release from confinement

It is important to note that information disclosed under this procedure shall not include any details that could identify the victim. The police department will only disseminate information about serious and high-risk offenders living within their concurrent jurisdictional area.

The role of local law enforcement

Megan's Law, enacted in California in 1996, requires local law enforcement to make information about registered sex offenders available to the public. The law is named after Megan Kanka, a seven-year-old girl from New Jersey who was raped and killed by a known registered sex offender living in her neighbourhood. The law was enacted to ensure that local communities are warned about sex offenders in their area.

In California, Megan's Law requires sex offenders to register with the police in the jurisdiction in which they reside. This information is then made available to other law enforcement agencies and the public. Local law enforcement agencies, such as the Foothill-De Anza Police Department, participate in the California Department of Justice's Megan's Law Data Program. This program allows the public to access information about sex offenders residing in their community, including their name, aliases, gender, race, physical description, photograph, date of birth, address, vehicle information, type of victim targeted, and relevant parole and probation conditions.

Local law enforcement is responsible for notifying relevant persons, agencies, or organizations that the offender is likely to come into contact with. This includes educational institutions, daycare establishments, locations serving individuals vulnerable to the offender, and other community members who may be at risk. The public can access this information online at meganslaw.ca.gov or in person at some local police departments.

It is important to note that the Family Educational Rights and Privacy Act (FERPA) does not prohibit the release of data on registered sex offenders under Megan's Law. Additionally, under Section 290.4 of the California Penal Code, the Department of Justice is mandated to maintain an online, publicly accessible database of convicted sexual offenders.

Megan's Law plays a crucial role in providing transparency and keeping communities informed about potential risks posed by sex offenders. By making this information accessible, local law enforcement agencies empower individuals to take necessary precautions and protect themselves and their children.

The impact on civil liberties

Megan's Law in California, and across the United States, has had a significant impact on civil liberties. The law, which requires law enforcement to make information about registered sex offenders available to the public, has been criticised by civil rights organisations and reformists for its adverse effects on the civil liberties of both offenders and their families.

One of the main criticisms of the law is the indefinite nature of the punishment. While the notification requirement is sometimes imposed for a fixed period, often it is permanent. This means that, even after serving their sentence, ex-offenders and their families are subject to continuing punishment and a lack of privacy. This can include the publication of names, addresses, and photos, which may lead to vigilantism and further endangerment of the offender's family. In California, for example, an ex-offender's car was fire-bombed after his name was released.

The law also fails to distinguish between offenders who pose a high risk of reoffending and those who do not. This lack of distinction, combined with the public's access to information, can lead to unfair treatment and endangerment of rehabilitated ex-offenders and their families. Treatment professionals have criticised the law for exacerbating factors, such as unemployment and instability, that may lead to recidivism.

Opponents of the law, including the American Civil Liberties Union (ACLU), argue that it is overbroad and an invitation to vigilante violence. The ACLU also points out that the vast majority of sex offences are committed by family members or friends within the home and that parental supervision and education are more effective ways to protect children from sex offenders.

Frequently asked questions