Cecily Zamora
Megan's Law is a federal law that requires states to maintain a sex offender registry. The law is named after Megan Kanka, a seven-year-old girl who was raped and murdered in 1994 by a twice-convicted sex offender living near her family home in New Jersey. In response to the case, which gained national attention, federal legislation was introduced in 1996 and subsequently enacted, requiring states to make private information about sex offenders available to the general public. Megan's Law is an amendment to the 1994 Jacob Wetterling Act, which obligates states to register individuals convicted of sex crimes against children. Under Megan's Law, convicted sex offenders must provide certain information to law enforcement authorities in the area where they live, work, or attend school. This information can then be shared with specific organizations or the wider community, depending on the circumstances. Megan's Law applies to certain sex crimes, including aggravated sexual assault and any allegations involving sexual conduct with an underage victim or the use of force. In Florida, Megan's Law is known as the Florida Sexual Predators Act and allows the public to access information about registered sex offenders through the internet and other forms of community notification.
| Characteristics | Values |
|---|---|
| Name | Megan's Law |
| Origin | Named after Megan Nicole Kanka, a 7-year-old girl who was raped and murdered in 1994 by a twice-convicted sex offender living near her family home |
| Purpose | To protect the public, especially children, from sex offenders |
| Applicability | Sexual predators, sexual offenders, juvenile offenders, and out-of-state offenders |
| Information Collected | Name, SSN, age, race, sex, DOB, height, weight, hair and eye color, photograph, address(es), telephone number(s), employment details, fingerprints, palm prints, date and place of each conviction, description of crime(s), tattoos or identifying marks, occupation, vehicle description, email addresses, internet identifiers, passport information, immigration status, professional licenses, DNA and other genetic markers |
| Administering Agency | Florida Department of Law Enforcement, local law enforcement |
| Timeframe for Registration | Within 48 hours of establishing residence, release from custody, or conviction for a qualifying offense |
| Duration of Requirement | Life, unless a full pardon is issued or the conviction is set aside |
| Verification of Address | Local law enforcement or sheriff's office |
| Penalties for Non-Compliance | Third-degree felony |
| Access to Information | The general public can access information through the FDLE Internet Website, a toll-free phone line (1-888-357-7332), and community notification fliers and leaflets |
| Confidentiality Provision | As of 1/31/2023, 612 registrants have absconded from registration, 441 from probation, and 1 from the supervision of the Florida Department of Juvenile Justice |
What You'll Learn
Who was Megan Kanka and why was the law named after her?
Megan Nicole Kanka was a seven-year-old girl from Hamilton Township, New Jersey, who was brutally raped and murdered in July 1994. Her killer, 33-year-old Jesse Timmendequas, was a twice-convicted sexual offender who lived across the street from her family home.
On July 29, 1994, Megan went missing from her neighbourhood in Hamilton Township. Her parents found her abandoned bike on their front lawn and, with the help of neighbours, began a search for her. One of those neighbours was Timmendequas, who lived across the street.
The next day, Timmendequas confessed to investigators and led police to Megan's body in Mercer County Park, two miles away. He had lured her into his house with the promise of showing her a puppy, then raped and strangled her to death.
Evidence, including bloodstains, hair and fibre samples, and a bite mark on Timmendequas' hand matching Megan's teeth, led to guilty verdicts on all eight charges, including intentional murder, felony kidnapping, four counts of aggravated sexual assault, and two counts of felony murder. The court sentenced Timmendequas to death, but his sentence was commuted to life without parole in 2007 when New Jersey abolished capital punishment.
In the wake of Megan's murder, her parents and others advocated for laws to ensure people would be notified when a sex offender moved into their community. This became known as Megan's Law.
Megan's Law was signed into effect on May 17, 1996, as part of a series of legislation aimed at preventing sexual offenses and crimes against children. The law requires law enforcement to disclose details relating to the location of registered sex offenders.
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What is the purpose of Megan's Law?
Megan's Law is a federal law that was enacted in 1996, requiring states to maintain a sex offender registry. The law is named after Megan Kankathe, a seven-year-old girl from New Jersey who was raped and murdered by a twice-convicted sex offender living near her family home. The purpose of Megan's Law is to protect the public, especially children, from violent sex offenders.
Megan's Law is an amendment to the 1994 Jacob Wetterling Act, which addressed crimes against children. The Jacob Wetterling Act was enacted as part of the Federal Violent Crime Control and Law Enforcement Act of 1994, requiring states to form registries of offenders convicted of sexually violent offenses or offenses against children. Megan's Law strengthens the Jacob Wetterling Act by making it mandatory for law enforcement authorities to disclose private information about known sex offenders to the public.
Under Megan's Law, convicted sex offenders must provide certain information to law enforcement authorities in the area where they live, work, or attend school. This information includes their names, addresses, physical descriptions, and details of their offenses. Law enforcement can then share this information with specific organizations or the wider community, depending on the circumstances. The local prosecution office assesses and classifies the offender's risk level of reoffending, which determines how widely their information is disseminated.
Megan's Law in Florida, also known as the Florida Sexual Predators Act, allows the public to be aware of potentially dangerous predators in their area. The Florida Department of Law Enforcement (FDLE) provides public access to information about sexual offenders and their residences within the state. Florida was the first state to list sexual offenders and sexual predators online, along with a 24-hour hotline.
The consequences of a Megan's Law conviction in Florida can be severe, including fines, probation, and lengthy incarceration. Additionally, offenders may be required to provide their personal details and information to local law enforcement, who will then add this to the sex offender registry.
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What information is disclosed through Megan's Law?
Megan's Law is a federal law that requires law enforcement authorities to make information about registered sex offenders available to the public. The law was created in response to the murder of Megan Kanka by a neighbour who was a twice-convicted sex offender.
The information disclosed through Megan's Law varies from state to state. Commonly included information is 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.
In Florida, the following information must be provided when registering as a sexual offender:
- Social security number
- Identifying marks such as tattoos
- Employment information
- Address of permanent or legal residence, or address of any temporary residence within or out of Florida
- Location or description and any current known future temporary residences within or out of Florida
- Vehicle information including colour, make, model, license plate number, and vehicle identification number
- Internet identifiers
- Date and place of each conviction with a brief description of the committed offences
- Passport information (if applicable)
- Immigration status and documentation (if applicable)
If the convicted sexual offender resides in a trailer, mobile home, vehicle, vessel, or houseboat, they must provide their sheriff's office with the vehicle's identification number, license plate, registration number, and a description.
Additionally, any registered sexual offender in Florida must provide information about their school or higher education, including the address, county, campuses attended, and their enrollment, employment, or volunteer status.
If any of the information on a convicted sexual offender's registry changes, it must be updated with the State Registry. This includes changes to the offender's residence, electronic mail address, internet identifiers, phone numbers, employment information, or higher education status.
The general public has access to sex offender registry information through the FDLE Internet Website, a toll-free phone line, and through fliers and leaflets produced for community notification.
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What are the repercussions of a conviction associated with Megan's Law in Florida?
Megan's Law is a federal law, and most states have their own statutes to address it. Megan's Law was named after a 1994 case where a seven-year-old New Jersey girl, Megan Kankathe, was raped and murdered by a twice-convicted sex offender living near her family home. The case gained national attention, and as a result, federal legislation was introduced in 1996 and subsequently enacted, requiring states to maintain a sex offender registry. The federal Sex Offender Registration and Notification Act (SORNA) sets out national standards for the registration, monitoring, and notification of sex offenders.
Megan's Law applies to certain sex crimes in Florida, including aggravated sexual assault and sexual conduct with an underage victim or the use of force. If you plead guilty to or are convicted of a sex crime subject to Megan's Law in Florida, you face a range of penalties and repercussions, including:
Fines
Fines are one of the financial repercussions that an individual may face if convicted of a sex crime under Megan's Law in Florida.
Probation
Probation is a common repercussion for individuals convicted of a sex crime under Megan's Law in Florida. Probation typically involves a set of conditions that the individual must follow for a specified period.
Lengthy Incarceration Periods
Individuals convicted of a sex crime under Megan's Law in Florida may face lengthy incarceration periods, resulting in a prolonged loss of freedom.
Provision of Personal Details to Law Enforcement
In addition to the penalties mentioned above, individuals convicted under Megan's Law in Florida are required to provide their personal details, including their physical description, to local law enforcement authorities.
Inclusion on the Sex Offender Registry
The authorities will add a description of the offense to the sex offender registry, which is accessible to the public. The local prosecution office assesses and classifies the offender's level of risk of reoffending, which determines how widely their information is shared. Low-risk offenders may have their details shared only with local law enforcement, while high-risk offenders' information may be made public through a website.
Duration on the Registry
The duration of an individual's inclusion on the sex offender registry varies depending on their risk level. Low-risk offenders typically remain on the registry for a fixed period, often starting at ten years. In contrast, high-risk offenders may be permanently added to the registry, facing lifelong consequences and restrictions.
Charges for Non-Compliance
Failure to register or regularly update details with local law enforcement authorities can result in further charges and offenses, leading to additional legal repercussions.
Social and Economic Impact
Being convicted under Megan's Law in Florida can have serious, long-term consequences on an individual's social well-being, ability to find employment, and choice of residence. It may lead to civil liability and create barriers to obtaining higher education or securing job opportunities.
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How does Megan's Law apply to out-of-state offenders?
Megan's Law is a federal law that requires law enforcement authorities to make information about registered sex offenders available to the public. The law was enacted in response to the murder of Megan Kanka by a registered sex offender.
In Florida, Megan's Law applies to out-of-state offenders in the following ways:
Registration Requirements:
Out-of-state offenders who move to Florida must register as sex offenders with the Florida Department of Law Enforcement (FDLE) within 48 hours of establishing residence in the state. This applies to any person convicted of a sex crime in another state or jurisdiction and released on or after October 1st, 1997.
Duration of Requirement:
Registration as a sex offender in Florida is typically a lifelong requirement. However, it can be removed if a full pardon is issued or if the conviction is set aside in a post-conviction proceeding for any offense that met the criteria for the sexual offender designation.
Information Disclosure:
The information disclosed about registered sex offenders in Florida includes personal details such as name, address, employment information, physical description, and details of the offense. This information is made available to the public through the FDLE website, a toll-free phone line, and community notifications.
Penalties for Non-Compliance:
Failure to comply with the registration and reporting requirements under Megan's Law in Florida can result in criminal charges. Non-compliance is considered a third-degree felony, punishable by up to a $5,000 fine and up to five years in prison.
Interstate Travel:
Out-of-state offenders who intend to establish residence in Florida but remain in the state without properly registering and reporting their information can be charged with a second-degree felony. The penalties for a second-degree felony include up to a $10,000 fine and up to 15 years in prison.
It is important to note that each state has its own specific laws and requirements regarding Megan's Law, and offenders should consult with legal professionals to understand the exact rules and regulations in their state.
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Frequently asked questions
Megan's Law is a federal law that requires states to maintain a sex offender registry. It is named after Megan Kanka, a seven-year-old girl who was raped and murdered in 1994 by a twice-convicted sex offender living near her family home.
The intended purpose of Megan's Law is to protect the public, especially children, by making private information about sex offenders available to law enforcement and the wider community.
Members of the public can access photographs, names, and addresses of registered sex offenders through the internet and other forms of community notification. Information collected includes name, SSN, age, race, sex, DOB, height, weight, hair and eye colour, address(es), telephone number(s), date and place of employment, email addresses, vehicle description, and internet identifiers.
Megan's Law applies to certain sex crimes, including aggravated sexual assault and sexual conduct with an underage victim or the use of force.
If convicted of a sex crime subject to Megan's Law in Florida, individuals face penalties including fines, probation, and lengthy periods of incarceration. They are also required to provide their personal details to local law enforcement, who will assess and classify their level of risk of reoffending. This determines how widely their information is shared and how long they remain on the registry.
