California Megan's Law is a state law that was enacted in 1996, which requires the California Department of Justice to make certain information about registered sex offenders available to the public. The law is named after Megan Kanka, a seven-year-old girl who was murdered by a sex offender in New Jersey in 1994. The purpose of the law is to provide the public with information about registered sex offenders in their communities, in order to help prevent future crimes.
What Information is Available Under California Megan’s Law?
Under California Megan’s Law, the California Department of Justice is required to make the following information about registered sex offenders available to the public: the offender’s name, date of birth, physical description, address, and a description of the crime for which they were convicted. The law also requires the department to provide information about the offender’s risk level, which is determined by a assessment of the offender’s likelihood of committing another crime. The risk levels are classified as low, moderate, or high.
Risk Levels and Their Significance
The risk levels assigned to registered sex offenders under California Megan’s Law are significant because they determine the level of information that is made available to the public. For example, information about low-risk offenders is only available to law enforcement agencies, while information about moderate-risk offenders is available to the public, but only upon request. Information about high-risk offenders, on the other hand, is available to the public and is proactively disseminated by law enforcement agencies.
| Risk Level | Description |
|---|---|
| Low | Offender is considered to be at low risk of committing another crime |
| Moderate | Offender is considered to be at moderate risk of committing another crime |
| High | Offender is considered to be at high risk of committing another crime |
The risk levels are determined by a assessment of the offender's likelihood of committing another crime, based on factors such as their criminal history, the nature of their offense, and their behavior while in custody. The assessment is conducted by the California Department of Corrections and Rehabilitation, in conjunction with local law enforcement agencies.
How to Access Information Under California Megan’s Law
Information about registered sex offenders under California Megan’s Law is available to the public through the California Department of Justice’s website, as well as through local law enforcement agencies. The public can search for information about offenders by name, address, or zip code. They can also sign up to receive email notifications when an offender moves into their neighborhood.
Limitations and Exceptions
While California Megan’s Law provides valuable information to the public, there are also limitations and exceptions to the law. For example, information about offenders who are under the age of 18 is not available to the public, unless they have been convicted of a serious or violent offense. Additionally, information about offenders who are currently in custody is not available to the public, unless they have been convicted of a crime and are serving a sentence.
It's also worth noting that California Megan's Law does not provide information about offenders who are not required to register under the law. For example, offenders who are convicted of certain misdemeanors, such as indecent exposure, are not required to register as sex offenders.
Know Your Rights Under California Megan’s Law
Under California Megan’s Law, the public has the right to access information about registered sex offenders in their communities. However, the law also provides certain protections for offenders, such as the right to due process and the right to appeal their risk level classification. Offenders also have the right to request that their information be removed from the public registry, if they can demonstrate that they are no longer a threat to public safety.
Consequences of Misusing Information Under California Megan’s Law
It’s also important to note that misusing information obtained under California Megan’s Law can have serious consequences. For example, using the information to harass or intimidate an offender can result in criminal charges, including stalking or harassment. Additionally, using the information to discriminate against an offender in employment, housing, or other areas can result in civil liability.
What is the purpose of California Megan’s Law?
+The purpose of California Megan’s Law is to provide the public with information about registered sex offenders in their communities, in order to help prevent future crimes.
How do I access information about registered sex offenders under California Megan’s Law?
+Information about registered sex offenders under California Megan’s Law is available to the public through the California Department of Justice’s website, as well as through local law enforcement agencies.
What are the consequences of misusing information obtained under California Megan’s Law?
+Misusing information obtained under California Megan’s Law can have serious consequences, including criminal charges and civil liability.
