Guide Note

Megan's Law, also known as the "Sexual Offender (Jacob Wetterling) Act of 1994," is a federal statue requiring convicted sex offenders whose crimes involved children to notify local law enforcement when moving or changing employers. Some states require all those who have been convicted of a sexual offense to register even if no minors were involved.

Fast Facts

1. Individual states determine how much information is required and how ex-convicts are monitored
2. Law was inspired by the murder case of six-year-old Megan Kanka
3. Federal bill authored by New Jersey Representative Dick Zimmer

Megan's Law began when with the parents of seven year old Megan Kanka. Kenka was kidnapped, raped and murdered by their neighbor Jesse Timmendequas. Timmendequas had a prior conviction of sexually assaulting a five year old girl. Kanka's parents petitioned for legislative action in their home state of New Jersey. With the belief that "Ever parent should have the right to know if a dangerous sexual predator moves into their neighborhood", They collected 400,000 signatures.

Supporters of the law say that the law is needed because sex offenders can't be cured. Megan's Law would allow parents, schools and communities to look up a possible sex offender on a national database, such as Family watchdog, and possibly prevent the abuse or abduction of a child. In addition, supporters say that the law is intended to enhance public safety.

Civil rights advocates, such as the ACLU, say that Megan's Law creates the problem of "double jeopardy" or additional punishment. Also of concern to civil rights advocates, is that the law may lead to public shaming and vigilantism. State laws vary on who has to submit information into a sex offenders database, so in some cases a 17 year old boy who had sex with a 15 year old girlfriend, may be required to register as a sex offender.

Between those that favor Megan's Law, and those that oppose it lies a middle ground calling for reform. Some of the proposed changes include the repeal of laws that prohibit consensual sodomy, adultery, and other consensual activities that could land one on a federal sex offenders list. In addition, some states are have a three strike law in addition to Megan's Law. Others are calling for Megan's Law to only include those who have committed sex crimes against minors.