Meagan's Law: Who Does It Target?

Megan's Law is the name for a federal law and informal name for subsequent state laws in the United States requiring law enforcement authorities to make information available to the public regarding registered sex offenders. Megan's Law was created in response to the murder of Megan Kanka, a seven-year-old girl who was raped and killed by a neighbour who was a convicted sex offender. The law is intended to inform members of the public about the presence of sex offenders in their community. Megan's Law applies to sex offenders who have been convicted since the law went into effect on 31 October 1994, or who were serving a sentence on the effective date of the law. It also applies to sex offenders who have been found to be repetitive and compulsive by experts and the courts, regardless of the date of conviction.

Who is a sexual offender under Megan's Law?

Megan's Law is a federal law in the United States 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 sex offender.

A sexual offender under Megan's Law is a person who has been convicted or adjudicated of one or more sexual offences. These offences are typically sexual contact without consent, with the victim being a minor or an adult. If the victim is a minor, they are considered unable to give consent. The age of consent varies from state to state, but is typically between 16 and 18 years.

The information made available to the public about registered sex offenders includes the offender's name, picture, address, incarceration date, nature of their crime, and offence of conviction. This information is often displayed on free public websites, but can also be published in newspapers, pamphlets, or other means.

In addition to public notification, Megan's Law also requires convicted sex offenders to notify local law enforcement of any changes to their personal information, such as post-incarceration changes in employment or address. This notification requirement is typically imposed for a fixed period, such as ten years, or permanently.

It is important to note that individual states may have their own version of Megan's Law, which can differ in the specifics of what information is made available and how it is disseminated.

Who is a Sexually Violent Predator under Megan's Law?

Megan's Law is the name for a federal law (and informal name for subsequent state laws) in the United States that requires law enforcement authorities to make information available to the public regarding registered sex offenders.

A Sexually Violent Predator (SVP) is a heightened class of offenders established by the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act of 1994. Under Megan's Law, a Sexually Violent Predator is a sexual offender who has been determined by the Court, after evaluation by the Sexual Offenders Assessment Board, to have a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. The term includes individuals determined to be Sexually Violent Predators in the United States or its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico, a foreign nation, or by court-martial.

Not all sexual offenders are determined to be Sexually Violent Predators. Sexually Violent Predators are subject to both the registration and community notification requirements of Megan's Law and are required to register for life.

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. The notification requirement may be imposed for a fixed period of time, usually at least ten years, or permanently.

The Wetterling Act and Megan's Law provide two major information services: sex offender registry for law enforcement and community notification for the public.

Who is a Sexually Violent Delinquent Child under Megan's Law?

Megan's Law is the name for a federal law (and informal name for subsequent state laws) in the United States 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, a seven-year-old girl from New Jersey, by a known registered sex offender.

Under Megan's Law, a Sexually Violent Delinquent Child is a child who has been found to be delinquent for an act of sexual violence which, if committed by an adult, would be a violation of 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault), 3125 (relating to aggravated indecent assault), 3126 (relating to indecent assault) or 4302 (relating to incest). The child must also be determined by the Court to be in need of commitment for involuntary treatment.

A Sexually Violent Delinquent Child is required to register for life. They must appear in person at an approved registration or verification site quarterly (four times a year) to provide current information or changes relating to their name, address, employment, student status, telephone number, email address, vehicle information, temporary lodging, and occupational and professional licensing.

In Pennsylvania, the Sexually Violent Delinquent Child assessment is required for certain juvenile sex offenders who are aging out of the juvenile justice system. The assessment assists the courts in determining whether a juvenile sex offender should be committed to the Commonwealth's inpatient juvenile civil commitment program for continued sex offender treatment rather than being released into the community upon turning 21 years of age.

To meet the criteria for commitment, the juvenile must have a "mental abnormality or personality disorder" that causes the offender to have "serious difficulty in controlling sexually violent behaviour" and makes them likely to engage in an act of sexual violence. If the Court decides to commit the juvenile to the involuntary civil commitment program, the juvenile is referred to as a Sexually Violent Delinquent Child.

Who is required to register?

Megan's Law is a federal law in the United States that requires law enforcement authorities to make information available to the public regarding registered sex offenders. The law was created in response to the murder of Megan Kanka by a convicted sex offender. 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.

At the federal level, Megan's Law requires persons convicted of sex crimes, especially against children, to notify local law enforcement of any change of address or employment after release from custody. This notification requirement may be imposed for a fixed period, typically at least ten years, or permanently. It is a felony in most jurisdictions to fail to register or update one's information.

The specific registration requirements vary from state to state. Some states may legislate registration for all sex crimes, regardless of whether minors were involved. Commonly included information in the registration is the offender's name, picture, address, incarceration date, and offense of conviction. This information is often displayed on free public websites but can also be published in newspapers, pamphlets, or other means.

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 in 2016. This law requires the notification of foreign governments when a registered American sex offender is travelling to their country. A "unique identifier" must be placed on the passports of such individuals, and they must notify law enforcement 21 days before travelling abroad.

Who is subject to active community notification?

Megan's Law is a federal law in the United States that requires law enforcement authorities to make information available to the public regarding registered sex offenders. The law was created in response to the murder of Megan Kanka in 1994, by a violent predator previously convicted of a sex offense against a child.

Megan's Law requires that sex offenders register with various entities, including the Attorney General for the National Sex Offender Registry, and each jurisdiction where the offender resides. The law also requires offenders to notify local law enforcement of any change of address or employment after release from custody. This notification requirement may be imposed for a fixed period, typically at least ten years, or permanently.

The community notification requirements are as follows:

• For level one offenders convicted of a dangerous crime against children, and for level two and three offenders, the notification must be disseminated in a non-electronic format to the surrounding neighborhood, area schools, appropriate community groups, and prospective employers. If the offender has legal custody of a child, the child's school must also be notified. The notification must include the offender's photograph, exact address, and a summary of their status and criminal background. A press release and the notification must be given to local media outlets.
• For level one offenders who have not been convicted of a dangerous crime against children, the local law enforcement agency responsible for notification shall maintain information about the offender. This information may be disseminated to other law enforcement agencies, and notification may be given to the people with whom the offender resides.

The details of what is provided as part of sex offender registration and how community notification is handled vary from state to state. In some states, all sex offenders are subject to public notification through Megan's Law websites, while in others, only information on high-risk offenders is publicly available.

Frequently asked questions