Megan's Law is the name for a federal law in the United States requiring law enforcement authorities to make information available to the public regarding registered sex offenders. Laws were created in response to the murder of Megan Kanka. 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 merely required sex offenders to register with local law enforcement. Since only a few states required registration prior to Megan's death, the state-level legislation to bring states in compliance—with both the registration requirement of Jacob Wetterling Act and community notification required by federal Megan's Law—were crafted simultaneously and are often referred to as "Megan's Laws" of individual states. Thus, the federal Megan's Law refers to community notification, whereas state-level "Megan's Law" may refer to both sex offender registration and community notification.
Some jurisdictions may commit certain types of dangerous sex offenders to state-run detention facilities following the completion of their sentence if that person has a "mental abnormality" or personality disorder that makes the person likely to engage in sexual offenses if not confined in a secure facility. In the United States, twenty states, the federal government, and the District of Columbia have a version of these commitment laws, which are referred to as "Sexually Violent Predator" (SVP) or "Sexually Dangerous Persons" laws.
A sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and legal jurisdiction. The majority of convicted sex offenders have convictions for crimes of a sexual nature; however, some sex offenders have simply violated a law contained in a sexual category. Some of the serious crimes which usually result in a mandatory sex-offender classification are sexual assault, statutory rape, bestiality, child sexual abuse, incest, rape, and sexual imposition.
The Dru Sjodin National Sex Offender Public Registry is a cooperative effort between U.S. state agencies that host public sex offender registries and the U.S. federal government. The registry is coordinated by the United States Department of Justice and operates a web site search tool allowing a user to submit a single query to obtain information about sex offenders throughout the United States.
In the common law legal system, an expungement proceeding is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public. If successful, the records are said to be "expunged". Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged.
The Adam Walsh Child Protection and Safety Act is a federal statute that was signed into law by U.S. President George W. Bush on July 27, 2006. The Walsh Act organizes sex offenders into three tiers according to the crime committed, and mandates that Tier 3 offenders update their whereabouts every three months with lifetime registration requirements. Tier 2 offenders must update their whereabouts every six months with 25 years of registration, and Tier 1 offenders must update their whereabouts every year with 15 years of registration. Failure to register and update information is a felony under the law. States are required to publicly disclose information of Tier 2 and Tier 3 offenders, at minimum. It also contains civil commitment provisions for sexually dangerous people.
Proposition 83 of 2006 was a statute enacted by 70% of California voters on November 7, 2006, authored by State Senator George Runner and State Assemblywoman Sharon Runner. It was proposed by means of the initiative process as a version of the Jessica's Law proposals that had been considered in other states.
A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders, including those who have completed their criminal sentences. Sex offender registration is usually accompanied by residential address notification requirements. In many jurisdictions, registered sex offenders are subject to additional restrictions, including on housing. Those on parole or probation may be subject to restrictions that do not apply to other parolees or probationers. These may include restrictions on being in the presence of underage persons, living in proximity to a school or day care center, owning toys or items targeted towards children, or using the Internet. Sex offender registries exist in many English-speaking countries, including Australia, Canada, New Zealand, the United States, Trinidad and Tobago, Jamaica, South Africa, the United Kingdom, and the Republic of Ireland. The United States is the only country that allows public access to the sex offender registry; all other countries in the English-speaking world have sex offender registries only accessible by law enforcement.
The Julia Tuttle Causeway sex offender colony was an encampment of banished, registered sex offenders who were living beneath the Julia Tuttle Causeway—a highway connecting Miami, Florida to Miami Beach, Florida, United States—from 2006 to April 2010. The colony was created by a lobbyist named Ron Book, who wrote ordinances in several different Miami-Dade County cities to restrict convicted sex offenders from living within 2,500 feet (760 m) of schools, parks, bus stops, or homeless shelters. Since Book was also head of the Miami Homeless Trust, he was also in charge of finding housing for the released sexual offenders. Under these ordinances, the only areas where sex offenders could legally reside within Miami-Dade County were the Miami Airport and the Florida Everglades. Miami-Dade laws are significantly stricter than State of Florida laws on residency restrictions for sex offenders. Florida state law required that no sex offender could live within 1,000 feet (300 m) from "where children gather". Under that requirement, housing was possible; however, because of Book's lobbying, the Dade County Commission increased that number to 2,500 feet (760 m), thereby banishing hundreds of local citizens who then began gathering under the Julia Tuttle Causeway.
State of Georgia v. Allison was a Georgia court case. In Georgia vs Allison, Janet Allison was convicted of sexual offenses for allowing her daughter, aged 15, to have sexual intercourse in her home. The events took place in the year 2000. The young couple later married and had a child of their own, but Allison's name has been entered into the sex offender registry, with various adverse consequences for her life and that of her family.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Indiana enjoy most of the same rights as other people. Same-sex marriage has been legal in Indiana since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Baskin v. Bogan.
The Pacific Justice Institute (PJI) is a conservative legal defense organization based in California. The group, founded by attorney Brad W. Dacus, describes itself as focusing on representation relating to "...religious freedom, parental rights, and other civil liberties." PJI was declared an anti-LGBT hate group in 2014 by the Southern Poverty Law Center due to the group's long history of anti-LGBT rhetoric through its founder. The group also represents workers opposed to their employers' vaccine mandates.
Expungement in the United States is a process which varies across jurisdictions. Many states allow for criminal records to be sealed or expunged, although laws vary by state. Some states do not permit expungement, or allow expungement under very limited circumstances. In general, once sealed or expunged, all records of an arrest and of any subsequent court proceedings are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged.
The International Megan's Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders is a federal law that requires, among other things, a visual "unique identifier" to be placed on the passports of registrants convicted of sex offenses involving a minor. The law also requires covered offenders to notify law enforcement 21 days before traveling abroad. Critics have claimed violation of constitutional rights and note that the law would also cover those who were convicted as minors.
The National Association for Rational Sexual Offense Laws (NARSOL) is an organization headquartered in Raleigh, North Carolina with operations based in Albuquerque, New Mexico and with affiliated organizations, advocates, and contacts in the vast majority of states. NARSOL and its affiliates are part of a movement to reform sexual offense laws in the United States. NARSOL has generated media attention by arranging national conferences in multiple cities including Boston, Albuquerque, Los Angeles Dallas, Atlanta, Cleveland, Houston, and Raleigh, and by being involved in numerous lawsuits challenging the constitutionality of sex offender registration and notification laws.
Women Against Registry (W.A.R.) is a U.S. non-profit organization, based in Arnold, Missouri, which works to obtain changes in laws affecting sex offenders. Most W.A.R. members are mothers, wives, girlfriends, and other family members of persons convicted of a sexual offense. W.A.R. advocates the abolition of sex offender registries altogether, but also wants officials to be more judicious in deciding who poses a risk, instead of the current policies applied to all offenders indiscriminately.
Illinois Voices for Reform is a non-profit advocacy and support organization for Illinois sex offenders and their families. Founded in 2010, it is dedicated to providing education on issues affecting sex offenders to the public and to legislators. Illinois Voices for Reform is an affiliate organization of the National Association for Rational Sexual Offense Laws (NARSOL), and is one of the more than 50 organizations nationwide movement to reform sex offender laws in the United States.
Sex offender registries in the United States exist at both the federal and state levels. Registries contain information about persons convicted of sexual offenses for law enforcement and public notification purposes. All 50 states and the District of Columbia maintain sex offender registries that are open to the public via websites; most information on offenders is visible to the public. Public disclosure of offender information varies between the states depending on offenders' designated tier, which may also vary from state to state, or risk assessment result. According to NCMEC, as of 2016 there were 859,500 registered sex offenders in United States.
The constitutionality of sex offender registries in the United States has been challenged on a number of grounds, generating a substantial amount of case law. The Supreme Court of the United States has twice examined sex offender registration laws and upheld them both times. Those challenging the sex offender registration and related restriction statutes have claimed violations of the ex post facto, due process, cruel and unusual punishment, equal protection and search and seizure provisions of the United States Constitution. A study published in fall 2015 found that statistics cited in two U.S. Supreme Court decisions that are often cited in decisions upholding the constitutionality of sex offender policies are unfounded. Several challenges to some parts of state level sex offender laws have been honored after hearing at the state level.
The movement to reform sex offender laws in the United States describes the efforts of individuals and organizations to change state laws requiring Sex offender registries in the United States. Efforts fall into two main categories, advocacy for reform of statutory rape laws that may require a teenager to register as a sex offender for consensual sexual acts involving a younger teen, and broader efforts to modify sex offender registration laws based upon their sometimes dramatic impact on a convicted sex offender and belief that they provide little benefit for public safety.
