Cecily Zamora
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 was created in response to the rape and murder of seven-year-old Megan Kanka by her neighbour, Jesse Timmendequas, a previously convicted child sex offender. Megan's Law was first enacted in New Jersey in 1994, requiring sex offender registration and community notification of high-risk offenders moving into a neighbourhood. The federal version of Megan's Law was passed by Congress in 1996 as an amendment to the Violent Crime Control and Law Enforcement Act of 1994.
| Characteristics | Values |
|---|---|
| Name of Law | Megan's Law |
| Year | 1996 |
| Congress | 104th |
| Bill Number | H.R. 2137 |
| Date Introduced | July 27, 1995 |
| Date Passed | May 17, 1996 |
| Sponsor | Representative for New Jersey's 12th congressional district |
| Purpose | To protect the public from sexually violent offenders by requiring the release of relevant information |
| Amendments | The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (1994), the Pam Lychner Sexual Offender Tracking and Identification Act (1996), and the Adam Walsh Child Protection and Safety Act (2006) |
| State Laws | California, Pennsylvania, Michigan, and New Jersey have their own versions of Megan's Law |
| International Law | International Megan's Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders was signed into law by President Obama in 2016 |
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What You'll Learn
The murder of Megan Kanka
On July 29, 1994, seven-year-old Megan Kanka left her house around 6:30 pm to play with a friend who lived on the same street in Hamilton Township, New Jersey. Megan lived with her parents, Richard and Maureen, and her twelve-year-old sister and nine-year-old brother. Richard and Maureen believed their daughter was safe, as she often played with friends in the quiet suburban neighbourhood they had lived in for fifteen years.
Earlier that day, Megan and her friend Courtney had stopped to talk to their neighbour from across the street, 36-year-old Jesse K. Timmendequas, about his new boat. Timmendequas, a convicted sex offender, lured Megan into his house, where he raped her and strangled her with a belt. He then disposed of her body in the nearby Mercer County Park.
The next day, Timmendequas confessed to investigators and led them to the site. Evidence included bloodstains, hair and fibre samples, as well as a bite mark matching Kanka's teeth on his hand. This 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.
In the aftermath of Megan's murder, her parents worked tirelessly to change the law, demanding mandatory community notification of sex offenders. They argued that the registration required under the Jacob Wetterling Act was insufficient, and that Megan would still be alive had they known of Timmendequas' criminal history. Paul Kramer sponsored a package of seven bills known as Megan's Law in the New Jersey General Assembly in 1994. Just 89 days after Megan was murdered, New Jersey enacted Megan's Law, which required sex offender registration, with a database tracked by the state, and the whereabouts of high-risk sex offenders moving into a neighbourhood to be made public.
Megan's Law refers to community notification (making registry information public) and sex offender registration. The law requires persons convicted of sex crimes against children to notify local law enforcement of any change of address or employment after release from custody. The details of what is provided as part of sex offender registration and how community notification is handled vary from state to state.
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The creation of sex offender registries
Megan's Law is the name for a federal law that requires law enforcement authorities to make information available to the public regarding registered sex offenders. The law was created in response to the rape and murder of seven-year-old Megan Kanka in Hamilton Township, New Jersey. Megan was killed by her neighbour, Jesse Timmendequas, a previously convicted child sex offender.
After Megan's death, her parents, Richard and Maureen Kanka, worked to change the law by demanding mandatory community notification of sex offenders. They argued that the registration required under the Jacob Wetterling Act was insufficient, and that Megan would still be alive had they known of Timmendequas' criminal history.
Paul Kramer sponsored a package of seven bills known as Megan's Law in the New Jersey General Assembly in 1994. 89 days after Megan was murdered, New Jersey enacted Megan's Law, which required sex offender registration, with a database tracked by the state, and the whereabouts of high-risk sex offenders moving into a neighbourhood to be made public.
Before Megan's death, only five states required sex offender registration. The federal Megan's Law was enacted as a subsection of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act of 1994, which required sex offenders to register with local law enforcement. The state-level legislation to bring states into compliance with the registration requirement of the Jacob Wetterling Act and the community notification required by federal Megan's Law were crafted simultaneously and are often referred to as "Megan's Laws" of individual states.
The federal Megan's Law refers to community notification (making registry information public), whereas state-level Megan's Law may refer to both sex offender registration and community notification. Individual states decide what information will be made available and how it will be spread. 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 addition to the federal Megan's Law, individual states have enacted their own versions of the law. For example, Pennsylvania's Megan's Law requires the State Police to create and maintain a registry of persons who have been convicted or pleaded guilty to certain sexual offences in Pennsylvania or another jurisdiction. Similarly, California's Megan's Law, enacted in 1996, mandates the California Department of Justice to notify the public about specified registered sex offenders.
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Community notification
Megan's Law is the name for a federal law (and informal name for similar state laws) in the United States requiring law enforcement authorities to make information available to the public regarding registered sex offenders. The law was created in response to the rape and murder of seven-year-old Megan Kanka in Hamilton Township, New Jersey, by her neighbour, Jesse Timmendequas, a previously convicted child sex offender.
The federal Megan's Law refers to community notification (making registry information public), whereas state-level "Megan's Law" may refer to both sex offender registration and community notification. Individual states decide what information will be made available and how it should be spread. Commonly included information is the offender's name, picture, address, incarceration date, and offence of conviction. The information is often displayed on free public websites, but can also be published in newspapers, distributed in pamphlets, or through various other means.
At the federal level, Megan's Law requires persons convicted of sex crimes against children to notify local law enforcement of any change of address or employment after release from custody. This law was enacted as a subsection of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act of 1994, which required sex offenders to register with local law enforcement.
The International Megan's Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders was signed into law by President Obama on February 8, 2016. This law requires the notification of foreign governments when a registered sex offender is travelling to their country. A "unique identifier" must be placed on the passports of covered registrants, and they must notify law enforcement 21 days before travelling abroad.
The community notification aspect of Megan's Law has been controversial. While it provides the public with information about sex offenders in their area, there have been concerns about the potential for vigilantism and the impact on the privacy and rehabilitation of offenders.
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International Megan's Law
The International Megan's Law (IML) was signed into law by President Barack Obama on February 8, 2016. The law, officially known as "International Megan's Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders," aims to prevent child exploitation and sexual crimes by requiring the notification of foreign governments when a registered sex offender with convictions for sexual offenses involving minors intends to travel to their country.
Under IML, all registered sex offenders must report international travel to their respective sex offender registries at least 21 days before departing the United States. This advanced notification allows foreign governments to be aware of the presence of these individuals and make informed decisions regarding their entry. It is important to note that the U.S. Marshals Service does not have the authority to approve or deny entry to offenders into a foreign country, as it is the sovereign right of each government to decide.
The law also mandates that the passports of covered registrants have a unique visual identifier, clearly stating that the bearer has been convicted of a sex offense against a minor. This identifier is crucial in assisting foreign authorities in identifying these individuals and taking appropriate action. Additionally, the law requires sex offenders to submit a signed and dated statement self-identifying as a covered sex offender when applying for a passport.
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Amendments to the Wetterling Act
The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, or the Wetterling Act, was amended several times.
In 1996, the Act was amended by the Pam Lychner National Sexual Offender Tracking and Identification Act (the Lychner Act). The Lychner Act contained provisions to ensure the nationwide availability of sex offender registration to law enforcement. It also established a definition of "minimally sufficient" registration programs, which most states failed to meet.
In 1997, the Jacob Wetterling Crimes Against Children and Sexually Violent Offenders Registration Improvements Act was passed. This amendment required states to implement a system mandating that persons who commit sexual or kidnapping crimes against children, or sexually violent crimes against any person, register their address and other information with state law enforcement upon release from prison. It also required local law enforcement to notify communities when certain sex offenders move into their neighbourhoods.
In 1998, the Act was amended for the final time by Section 115 of the General Provisions of Title I of the Departments of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act (CJSA). The CJSA amendment provided states with greater discretion in the procedures used for contacting registered offenders to keep their addresses updated. It also required offenders to register in a state other than their own if they were there for school and mandated that federal and military employees register in their state of residence.
The Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT Act) further amended the Wetterling Act. This amendment required states to include an Internet site as a means of providing the public with information concerning registered sex offenders. It also added child pornography production and distribution offences to the list of crimes against children for which registration is required under the Wetterling Act standards.
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Frequently asked questions
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.
Megan's Law was created in response to the rape and murder of 7-year-old Megan Kanka in 1994. Megan was killed by her neighbour, Jesse Timmendequas, a previously-convicted child sex offender.
Megan's Law requires sex offender registration and community notification. The law mandates that information about registered sex offenders, such as their name, picture, address, incarceration date, and offense of conviction, be made public through various means, including websites, newspapers, and pamphlets.
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