Megan’s Law
What Is It? How Does It Protect Communities across the U.S.? What Criticisms Can Be Made of the Law?
In July 1994, Megan Kanka, a 7-year-old girl in Hamilton Township, New Jersey, was lured into the home of a neighbor, where she was sexually assaulted and murdered. At the time of the crime, the perpetrator had two prior convictions for child sexual assault. Under the federal law in force at the time of the incident, the Jacob Wetterling Act of 1994, states were required to create and maintain sex offender registries, but the information was generally accessible only to law enforcement officers and could not be disclosed unless doing so was considered necessary to protect the public.
In the wake of Megan’s rape and murder, her parents worked with state legislators to enact a new law, known as Megan’s Law. All 50 states now have legislation modeled on the New Jersey statute. There is also an international Megan’s Law, established in 2016 to prevent child exploitation and other sex crimes.
What Does Megan’s Law Do?
Though the specific details may vary in minor respects from state to state, most versions of Megan’s Law contain four requirements:
- Every state must maintain a sex offender registry, which in turn feeds into a national database for registered sex offenders. Upon release from incarceration, a convicted sex offender must register in their state of residence, providing basic personal information, such as address and place of employment. Whenever a registered offender relocates or changes employment, the registration must be updated.
- Though the laws vary on precisely who has the responsibility for doing so, law enforcement officials may be required to notify the public of the presence of registered sex offenders in their communities. Whether or not such notification is mandatory depends on state law and the severity of the offense for which the registrant was convicted.
- Many states require that registered offenders be categorized by risk level, with public notification procedures varying based on such risk assessment. Under such an approach, offenders perceived to pose a greater threat will typically be subject to stricter notification or disclosure protocols.
- As a general rule, members of the public have the right to access sex offender registries so they can learn of any convicted sex offenders in their communities. In addition to state sex offender registries, concerned persons can search the National Sex Offender Registry to identify anyone who has been:
- Found guilty of a sexual crime involving a minor
- Convicted of a sexual offense involving violence
- Designated by law enforcement authorities as a sexual predator
What Are the Criticisms of Megan’s Laws?
Critics cite little concrete evidence to demonstrate a link between increased registration of sexual offenders and a reduction in sex crimes. Studies exist that found reductions in sex crimes following implementation of a Megan’s Law, but other studies suggest the sexual recidivism actually went up after such laws were passed.
Nonetheless, many opponents argue that the laws tend to be vague and overly broad and that they can provide an incentive for vigilantism. Many professional psychologists and treatment specialists also point to the lack of hard evidence to establish a cause-effect relationship between increased registration and decreased sexual criminal behavior. They fear that mandating registry by all offenders without assessing the potential risk of repeat offenses can actually be counterproductive, causing registrants to experience unemployment or instability, which can trigger sexually deviant behavior.
Additionally, civil rights advocates contend that registrants and their family members are overburdened by the significant adverse impact on their reputation, employment prospects, housing prospects, and personal self-worth. Further, the impact of the laws provide no opportunity for rehabilitation. In fact, Patty Wetterling, whose son Jacob was abducted and killed by a sexual predator when he was 11, has expressed this concern.