Criminal Defense Lawyers

Megan’s Law Penalties

Megan’s Law Penalties

Megan’s Law is no joke, man. It can really mess up someone’s life if they get convicted of a sex crime and have to register as a sex offender. I’ll break down how it works and what the penalties are for violating Megan’s Law.

What is Megan’s Law?

So Megan’s Law is named after this girl named Megan Kanka. She was just 7 years old when she was raped and killed by a neighbor in New Jersey in 1994. The crazy thing is, the neighbor was a convicted pedophile, but no one in the neighborhood knew because sex offender info wasn’t public back then.

After Megan was killed, her parents lobbied to get laws passed to make info on registered sex offenders available to the public. By 1996, federal Megan’s Law was passed requiring states to let people access sex offender registry info. The goal was to help protect the community, especially kids, by knowing if convicted sex offenders live nearby.

Who has to register under Megan’s Law?

If you’re convicted of a sex crime like rape, child molestation, sexual assault, etc., you’ll likely have to register as a sex offender under Megan’s Law. Some states even require registration for things like indecent exposure or possessing child pornography.

Registration means your name, current address, employer info, and details on what crimes you were convicted of go into a public database. Your photo and physical description are in there too. We’re talking total exposure.

How long do you have to register?

This depends on the state and the type of sex crime conviction, but it’s usually a long-ass time. Like a minimum of 10 years to life. Some states use tier systems where Tier 1 offenses (like groping) register for 15 years, Tier 2 (sexual assault) 25 years, and Tier 3 (aggravated rape) lifetime registration.

So pretty much if you’re convicted of anything more than public urination or streaking across the field at a game while drunk (which are still bad ideas, btw), expect to be registering for at least a decade if not the rest of your life.

What are the registration requirements?

Being a registered sex offender means checking in with police on a regular basis to keep your info current. How often you have to check in depends on the state – could be once a year or as much as every 90 days.

You have to let them know anytime you move residences, change jobs, enroll in school, or even take a vacation for more than a couple weeks. And you usually have to pay registration fees each time too. So it’s a huge pain in the ass.

Some states restrict where registered sex offenders can live – like you might not be allowed within a certain distance of schools, parks, etc. There are tons of rules you have to follow.

What happens if you violate Megan’s Law?

Oof, you don’t wanna violate Megan’s Law my friend. The penalties are severe. Like felonies with years in prison and massive fines severe.

Just forgetting to update your address or check in on time can get you up to 5 years behind bars in some states. And if you intentionally try to dodge registration requirements or give false info, you could be looking at another felony with up to 10 years prison time. Not fun.

If you move to another state and don’t register there, the feds can hit you with federal charges too. And don’t even think about leaving the country without updating your status or you’ll have U.S. Marshals after your ass.

Are there any defenses if you’re accused of violating registration?

There are some defenses that a good lawyer might be able to argue if you end up getting charged with failing to register or giving false info.

One is that you weren’t properly notified of your duty to register in the first place. Like maybe the court or your probation officer never informed you about it. That might work if it’s your first offense.

You could also try saying you just flat out forgot to update your registration. If you have a clean record other than the slip up, a judge may go easy on you with just probation instead of years in prison. But don’t bank on it.

If you were homeless or didn’t have a permanent address, that could be a defense against failing to register. Hard to update your address when you don’t have one.

Those defenses don’t usually work if it’s a case of intentionally trying to dodge registration though. Then you’re pretty much screwed.

Are sex offender registries effective?

This is debated a lot. Supporters of Megan’s Law say public sex offender registries help protect the community by letting people know if predators live nearby.

But critics argue the registries create a false sense of security since most victims know their attacker rather than random strangers. Plus, some say it leads to harassment and ostracization of prior offenders trying to get their lives back on track.

Some research has found no significant decrease in sexual assault rates after Megan’s Law was enacted. But other studies show declines in child sex crimes in states with notification laws. The jury is still out.

What about vigilantism against registered offenders?

Yeah, this is a problem. There have definitely been cases of people using the public registries to go after and harass convicted sex offenders in their neighborhood.

Sometimes it’s just intimidation tactics like spray painting “rapist” on their house or car. But there have also been incidents of registered offenders being physically assaulted or even murdered by vigilantes taking the law into their own hands.

Obviously this vigilantism is illegal, but Megan’s Law puts targets on the backs of prior sex offenders. It’s a really tricky issue without an easy solution. Their crimes were horrific, but mob justice isn’t the answer either.

Any closing thoughts?

Megan’s Law gets into some really complex issues around crime and punishment, public safety, and rehabilitation. I don’t have all the answers here.

If you’re convicted of a sex offense, just know that registration as a sex offender is probably in your future. Do everything 100% by the book or you could be looking at hard time. And even if you follow all the rules, it’s still going to make your life exceptionally difficult even decades after your conviction. So don’t commit the crime in the first place, ya know?

Anyway, stay out of trouble out there folks. And give a shout if you have any other legal questions! I’m happy to chat.