Megan's Law Part I:
Federal and State Legislation
(updated August 7, 1997)
Contents
Background
Megan Kanka was a seven year old living with her parents in
Hamilton, New Jersey when she was raped and murdered in late July
of 1994. A man who lived across the street from Megan, Jesse
Timmendequas, was convicted of murdering her. When he was
arrested in 1994, Megan's parents learned that their neighbor
across the street had prior
convictions for sex offenses involving children and he had
shared the home with two other convicted sex offenders.
Authorities knew where Timmendequas and his rommates were living
and had not notified the parents in the community of such an
obvious danger. Megan's parents and others in the community were
outraged.
For further information about
Megan Kanka's murder, see our May feature "Megan Kanka - a Guide to the
Trial and a Very Special Cause"
and The Megan Kanka Murder Trial -
a site about the case maintained by Asbury Park Press/The Home
News & Tribune. Return to Contents
New Jersey Sets the Pace
Before Megan was killed, several states, including Washington,
Louisiana, Alabama, Arizona, Arkansas, California, Colorado,
Florida, Illinois, Maine, Minnesota, Montana, Nevada, New
Hampshire, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island,
Tennessee, Texas and Utah, already had laws requring convicted
sex offenders to register with authorities. Additionally,
the federal government enacted the Crime
Control and Law Enforcement Act of 1994 the year that Megan
was murdered. The Act contained a section known as the Jacob
Wetterling Crimes Against Children and Sexually Violent Offender
Registration Act, named after eleven-year-old Jacob
Wetterling who was abducted in 1989. The Jacob Wetterling Crimes
Against Children and Sexually Violent Offender Registration Act
directed the Attorney General to establish guidelines for State
programs that require those convicted of any of the specified
criminal offenses against a minor or of sexually violent offenses
to register their current address with law enforcement officials.
Proponent's of Megan's Law argued that most of
these state laws and the Jacob Wetterling Crimes Against Children
and Sexually Violent Offender Registration Act was not sufficient
to protect children because it did not make any provision for
release to the public of the information about the offender's
whereabouts obtained through the registration process, even in
the cases of the most sexually violent predators. Someone from
Megan's neighborhood began to circulate a petition demanding the
right to know when predators like Timmendequas move into their
neighborhoods. The demands were supported by Megan's parents who
spoke out about their tragedy and their proposal to arm parents
with the information they need to protect their children. Soon,
New Jersey Governor Christine Todd Whitman became a strong
supporter of the proposed law. Fueled by public outrage and with
the support of the Governor, "Megan's Law" was signed
into law in New Jersey only 89 days after Megan disappeared. The New Jersey statute
became the model for statutes around the country and, ultimately,
for a federal version of Megan's Law.
The Federal Version of Megan's Law
Responding to the outcry, the Jacob Wetterling Crimes Against
Children and Sexually Violent Offender Registration act was
amended in 1996 to allow states to release the information
obtained through the registration process wherever state law
allowed for such release and to require the release of the
information "that is necessary to protect the public
concerning a specific person required to register".
Jacob Wetterling Crimes Against
Children and Sexually Violent Offender Registration
Act (current version
as of May, 1997) SEC. 170101. ESTABLISHMENT
OF PROGRAM.
(a) IN
GENERAL-
(1) STATE GUIDELINES- The Attorney
General shall establish guidelines for State programs
that require--
(A) a person who is convicted of a
criminal offense against a victim who is a minor or who
is convicted of a sexually violent offense to register a
current address with a designated State law enforcement
agency for the time period specified in subparagraph (A)
of subsection (b)(6) of this section; and
(B) a person who is a sexually violent
predator to register a current address with a designated
State law enforcement agency unless such requirement is
terminated under subparagraph (B) of subsection (b)(6) of
this section.
(2) COURT DETERMINATION- A
determination that a person is a sexually violent
predator and a determination that a person is no longer a
sexually violent predator shall be made by the sentencing
court after receiving a report by a State board composed
of experts in the field of the behavior and treatment of
sexual offenders, victim rights advocates, and
representatives from law enforcement agencies.
(3) DEFINITIONS- For purposes of this
section:
(A) The term `criminal offense against
a victim who is a minor' means any criminal offense that
consists of--
(i)
kidnapping of a minor, except by a parent;
(ii) false imprisonment of a minor,
except by a parent;
(iii)
criminal sexual conduct toward a minor;
(iv) solicitation of a minor to engage
in sexual conduct;
(v) use of a minor in a sexual
performance;
(vi)
solicitation of a minor to practice prostitution;
(vii) any conduct that by its nature is
a sexual offense against a minor; or
(viii) an attempt to commit an offense
described in any of clauses (i) through (vii), if the
State--
(I) makes such an attempt a criminal
offense; and
(II) chooses to include such an offense
in those which are criminal offenses against a victim who
is a
minor
for the purposes of this section.
For purposes of this subparagraph conduct which is
criminal only because of the age of the victim shall not
be considered a criminal offense if the perpetrator is 18
years of age or younger.
(B) The term `sexually violent offense'
means any criminal offense that consists of aggravated
sexual abuse or sexual abuse (as described in sections
2241 and 2242 of title 18, United States Code, or as
described in the State criminal code) or an offense that
has as its elements engaging in physical contact with
another person with intent to commit aggravated sexual
abuse or sexual abuse (as described in such sections of
title 18, United States Code, or as described in the
State criminal code).
(C) The term `sexually violent
predator' means a person who has been convicted of a
sexually violent offense and who suffers from a mental
abnormality or personality disorder that makes the person
likely to engage in predatory sexually violent
offenses.
(D) The term `mental abnormality' means
a congenital or acquired condition of a person that
affects the emotional or volitional capacity of the
person in a manner that predisposes that person to the
commission of criminal sexual acts to a degree that makes
the person a menace to the health and safety of other
persons.
(E) The term `predatory' means an act
directed at a stranger, or a person with whom a
relationship has been established or promoted for the
primary purpose of victimization.
(b) REGISTRATION
REQUIREMENT UPON RELEASE, PAROLE, SUPERVISED RELEASE OR
PROBATION- An approved State registration program
established under this section shall contain the
following elements:
(1) DUTY OF STATE PRISON OFFICIAL OR
COURT-
(A) If a person who is required to register under this
section is released from prison, or placed on parole,
supervised release, or probation, a State prison officer,
or in the case of probation, the court, shall--
(i) inform the person of the duty to register and obtain
the information required for such registration;
(ii) inform the person that if the person changes
residence address, the person shall give the new address
to a designated State law enforcement agency in writing
within 10 days;
(iii) inform the person that if the person changes
residence to another State, the person shall register the
new address with the law enforcement agency with whom the
person last registered, and the person is also required
to register with a designated law enforcement agency in
the new State not later than 10 days after
establishing residence in the new State, if the new State
has a registration requirement;
(iv) obtain fingerprints and a photograph of the person
if these have not already been obtained in connection
with the offense
that
triggers registration; and
(v) require the person to read and sign a form stating
that the duty of the person to register under this
section has been explained.
(B) In addition to the requirements of subparagraph (A),
for a person required to register under subparagraph (B)
of subsection (a)(1) of this section, the State prison
officer or the court, as the case may be, shall obtain
the name of the person, identifying factors, anticipated
future residence, offense history, and documentation of
any treatment received for the mental abnormality or
personality disorder of the person.
(2) TRANSFER OF INFORMATION TO STATE AND THE FBI- The
officer, or in the case of a person placed on probation,
the court, shall, within 3 days after receipt of
information described in paragraph (1), forward it to a
designated State law enforcement agency. The State
law enforcement agency shall immediately enter the
information into the appropriate State law
enforcement record system and notify the appropriate law
enforcement agency having jurisdiction where the person
expects to reside. The State law enforcement agency shall
also immediately transmit all information described in
paragraph (1) to the Federal Bureau of Investigation for
inclusion in the FBI database described in section 14072
of this title.
(3) VERIFICATION-
(A) For a person required to register under
subparagraph (A) of subsection (a)(1) of this
section, on each anniversary of the person's
initial
registration date during the period in which the person
is required to register under this section the following
applies:
(i) The designated State law enforcement agency shall
mail a nonforwardable verification form to the last
reported address of the person.
(ii) The person shall mail the verification form to the
designated State law enforcement agency within 10 days
after receipt of the form.
(iii) The verification form shall be signed by the
person, and state that the person still resides at the
address last reported to the
designated
State law enforcement agency. The person shall
include with the verification form, fingerprints and a
photograph
of
that person.
(iv) If the person fails to mail the verification form to
the designated State law enforcement agency within 10
days after receipt of the
form,
the person shall be in violation of this section unless
the person proves that the person has not changed the
residence address.
(B) The provisions of subparagraph (A) shall be applied
to a person required to register under subparagraph (B)
of subsection (a)(1)
of
this section, except that such person must verify the
registration every 90 days after the date of the initial
release or
commencement
of parole.
(4) NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF
CHANGES IN ADDRESS- A change of address by a person
required to register under this section reported to the
designated State law enforcement agency shall be
immediately reported to the appropriate law enforcement
agency having jurisdiction where the person is
residing. The designated law enforcement agency
shall, if the person changes residence to another State,
notify the law enforcement agency with which the person
must register in the new State, if the new State has a
registration requirement.
(5) REGISTRATION FOR CHANGE OF ADDRESS TO ANOTHER STATE-
A person who has been convicted of an offense which
requires registration under this section shall register
the new address with a designated law enforcement agency
in another State to which the person moves not later than
10 days after such person establishes residence in the
new State, if the new State has a registration
requirement.
(6) LENGTH OF REGISTRATION- A person required to register
under subsection (a)(1) of this section shall continue to
comply with this section,
except during ensuing periods of incarceration,
until--
(A) 10 years have elapsed since the person was released
from prison or placed on parole, supervised release, or
probation; or
(B) for the life of that person if that person--
(i) has 1 or more prior convictions for an offense
described in subsection (a)(1)(A) of this
section; or
(ii) has been convicted of an aggravated offense
described in subsection (a)(1)(A) of this
section; or
(iii) has been determined to be a sexually violent
predator pursuant to subsection (a)(2) of this
section.
(c) PENALTY- A
person required to register under a State program
established pursuant to this section who knowingly fails
to so register and keep such registration current shall
be subject to criminal penalties in any State in which
the person has so failed.
(d) RELEASE OF
INFORMATION-
(1) The information collected under a State registration
program may be disclosed for any purpose permitted under
the laws of the State.
(2) The designated State law enforcement agency and any
local law enforcement agency authorized by the State
agency shall release relevant information that is
necessary to protect the public concerning a specific
person required to register under this section, except
that the identity of a victim of an offense that requires
registration under this section shall not be
released.
(e) IMMUNITY FOR
GOOD FAITH CONDUCT- Law enforcement agencies, employees
of law enforcement agencies, and State officials shall be
immune from liability for good faith conduct under this
section.
(f)
COMPLIANCE-
(1) COMPLIANCE DATE- Each State shall have not more than
3 years from September 13, 1994, in which to implement
this section, except that the Attorney General may grant
an additional 2 years to a State that is making good
faith efforts to implement this section.
(2) INELIGIBILITY FOR FUNDS-
(A) A State that fails to implement the program as
described in this section shall not receive 10 percent of
the funds that would otherwise be allocated to the State
under section 3756 of this title.
(B) Reallocation of funds - Any funds that are not
allocated for failure to comply with this section shall
be reallocated to States that comply with this
section.
(g)
FINGERPRINTS- Each requirement to register under
this section shall be deemed to also require the
submission of a set of fingerprints of the person
required to register, obtained in accordance with
regulations prescribed by the Attorney General under
section 14072(h) of this title.
|
If you want to see if there have been any other
amendments to the statute since May of 1997, the Legal Information Institute
of Cornell Law School maintains the United States Code (see 42 U.S.C.
14071) at their web site. For further information about the
federal statute, see also Proposed Guidelines
for Megan's Law and the Jacob Wetterling Crimes Against Children
and Sexually Violent Offender Registration Act issued by the
Department of Justice, Office of the Attorney General.
The Status of State Laws
The nationwide campaign worked for legal changes to both state
and federal laws. In addition, the Jacob Wetterling Crimes
Against Children and Sexually Violent Offender Registration Act,
as amended by Megan's Law, penalizes states that do not have
registration and community notification plans implemented by next
month (September 13, 1997) unless they get an extension based
upon a good faith effort to implement the law.
As of mid-April according to Issue
Alert - What's News in State Government Today (citing the
Washington State Institute for Public Policy, Apr. 1997 as its
source):
States with active public notification laws
- Alabama
- Arizona
- California
- Delaware
- Florida
- Louisiana
- Massachusetts
- Minnesota
- Mississippi
- Montana
- Nevada
- New
Jersey
- Ohio
- Oregon
- Rhode Island
- Tennessee
- Texas
- Washington
The following states have limited public notification laws
- Connecticut
- Georgia
- Illinois
- Indiana
- Iowa
- Maine
- Maryland
- New Hampshire
- New York
- Pennsylvania
- West Virginia
- Wisconsin
The following states have access to registration
- Alaska
- Colorado
- Kansas
- Idaho
- Michigan
- North Carolina
- North Dakota
- Oklahoma
- South Carolina
- South Dakota
- Utah
- Vermont
- Virginia
The following States have no notification laws or access to
records
- Arkansas
- Hawaii
- Kentucky
- Missouri
- Nebraska
- New Mexico
- Wyoming (NOTE: According to a press
release from the State of Wyoming Office of the
Governor,
a law providing for community notification went into
effect July 1, 1997)
Community Notification in Canada
The United States is not the only country working
to provide notification to the community about sex offenders in
their midst. According to an Internet set I found at the time of
the update, Canada
has also made provision for communities to be notified about the
release of convicted sex offenders.