Megan’s Law
Megan’s Law is a federal law enacted in the United States in 1996 that requires law enforcement authorities to make information about registered sex offenders available to the public. The law mandates that each state establish and maintain a system for community notification, ensuring that residents have access to information about offenders in their area.
How Did Megan’s Law Come to Be?
On July 1994, convicted sexual offender Jesse Timmendequas brutally raped and fatally strangled Megan Kanka across the street from her New Jersey home. Megan was only 7 years old. Kanka’s family felt that, had they known a convicted sex offender lived nearby, they could have better protected their daughter and their family.
This tragic incident prompted a three month campaign that would soon inspire Megan’s Law, a ruling that requires notification of high-risk sex offenders’ whereabouts to be made public. This became law in all 50 states, including New Jersey, in 1996.
Megan’s Law Crimes
Convictions or adjudications of the following crimes will require persons to register under Megan’s Law:
- Aggravated Sexual Assault
- Sexual Assault
- Aggravated Criminal Sexual Contact
- Criminal Sexual Contact (if victim is a minor)
- Kidnapping if victim is under 16 years of age
- Endangering the Welfare of a Child (in certain circumstances)
- Luring
- False Imprisonment (if victim is a minor)
If you have been charged with any of these offenses in Burlington County, you should speak with an attorney to discuss the potential Megan’s Law consequences as well as any potential for jail. Megan’s Law also applies to juveniles. If your son or daughter has been charged with any of these offense, you should speak with a Burlington County Juvenile Lawyer.
Community Notice of Convicted Offenders – A Tiered System
To ensure a community’s safety, local organizations and corresponding law enforcement must be notified of an offender’s release. The State Department of Corrections and Human Services are responsible for informing county prosecutors and law enforcement agencies about the presence of all sex offenders within the community. In turn, the prosecutors must determine risk to the community – the likelihood that the offender will commit another crime.
Prosecutors classify sex offenders who reside in the community as one of three tiers, based on the degree of risk they pose to the public:
- Tier 1 Offenders – Sex offenders present a low risk of re-offense.
- Tier 2 Offenders – Sex offenders post a moderate risk of re-offense.
- Tier 3 Offenders – Sex offenders show a relatively high risk of re-offense.
The sex offender internet registry includes information pertaining to sex offenders within Tier 3 and some Tier 2 offenders. However, it excludes any information about those in Tier 1. Offenders who challenge the prosecutor’s risk determination receive hearings. Notification can proceed when the court issues a final order authorizing the county prosecutor to provide relevant information to the appropriate groups of individuals.
Removal From Megan’s Law
Individuals placed on Megan’s Law may make application to the Superior Court of New Jersey to terminate their Megan’s Law Requirement if that person has not committed another offense within 15 years following their conviction or release from a correctional facility.
If you have questions regarding Megan’s Law or sexual assault charges in New Jersey, Daniel M. Rosenberg & Associates are available to help. Call us today at (609) 216-7400 to get a free consultation on your case.