Approximately 500,000 sex offenders are registered in this country and
we have lost track of at least another 100,000 sex offenders.
Did sex offender registries exist before Megan’s law and
if so, why is Megan’s law important to our community ?
At the time Megan Kanka was raped and murdered, there was a sex offender
registry in place in New Jersey, but no one knew that he lived just down
the street.
So Megan’s law requires law enforcement to notify people when
a sex offender moves into your neighborhood.
Is Megan’s law limited to New Jersey or
is it now a federal law?
In 1996, the federal government required every state to enact some type
of Megan’s law, so notification requirements varies from
state to state.
What is the law in Missouri regarding
notification to the community of the presence of sex offenders?
The Missouri Highway Patrol is required to maintain a website that lists
the names, addresses, photos and crime information for all registered
offenders. Notification to schools and parents is left up to county
law enforcement. ( Website: www.mshp.dps.misouri.gov )
How restrictive can the law be ... in other
words, can we have an outright ban or designated location for sex offenders
in our town?
Some states ban sex offenders from living with 2,000 feet of a school
or day care. However, if the law is too restrictive it will be
held unconstitutional.
These laws are unique in that they continue to punish someone for a
crime even after they’ve served out their time. But with our children
at stake, we need to continue to work toward finding ways to keep our
communities safe.
Unfortunately, we usually create new laws of this type in response to
some kind of horrible tragedy. Sex offender registries did not become
common until 1994, when a federal law required states to have some kind
of plan for registering the addresses of sex offenders or risk losing
federal funds for law enforcement. But in that same year, a young girl
named Megan Kanka was raped and murdered by a sex offender who lived
on her street – her family was unaware of his presence, despite
a registry law in effect in their state at the time. Later in 1994, New
Jersey, the state where Megan was killed, passed Megan’s Law, which
requires law enforcement agencies to notify people when a convicted sex
offender moves into the area.
When did Megan’s Law become a federal law?
In 1996, when it was amended to another statute. Now, every state must
have some kind of procedure for notifying people of the presence of convicted
sex offenders. The implementation of that law differs widely from state
to state, with variations on exactly what crimes are covered, how long
a sex offender must stay registered, and the specific method of notification.
In some states, only the most severe sex crimes against children
are covered, while other states cover sex offenses against adults as
well.
How does Megan’s Law work in Missouri?
Missouri forces people who have committed sex offenses against minors
to register for life. They must register with the chief law enforcement
official in the county where they live, and must keep that official updated
with any changes of address. Offenses committed outside Missouri are
also included. Those who are designated a predatory or persistent offender,
as well as those who have failed to keep their information updated in
the past are required to verify their address every 90 days. The Missouri
State Highway Patrol is required to maintain a publicly accessible website
with names, addresses, photos and crime information for all registered
offenders. County law enforcement agencies within the state may have
additional procedures for notifying schools or parents in their area.
Where can people find information on sex offenders in Missouri?
They can visit the website, at www.mshp.dps.missouri.gov.
They can also call a toll free number:
1-888-SOR-MSHP (That’s 1-888-767-6747)
National sex offender information can be found online at: www.nsopr.gov
If someone is on a sex offender registry, does that mean they
are likely to commit a sex crime in the future?
If someone is on a sex offender registry, it only means one thing – that
they were convicted of a sex crime in the past. The Missouri State Highway
Patrol points out that they do not analyze each case to determine the
subject’s chance of committing another crime. Studies have shown
a recidivism rate among sex offenders of roughly 13 percent, which is
relatively low. Of course, a great deal of media and public attention
is devoted to the few horrific cases in which a past offender murders
a child, so we tend to overestimate the risk. There is risk, and we all
need to be careful and aware of our children and who they are with, but
we also don’t need to live in a constant state of paranoia that
there are sexual predators lurking around every corner.
Are laws that restrict where sex offenders can live constitutional?
Iowa is a good case study, because they have some of the harshest laws
governing sex offenders. Convicted offenders on their registry are forbidden
from living with 2,000 feet of a school or a day care center. Once you
get done measuring, you find that that makes it pretty much impossible
for them to live in any city or town. A federal judge ruled that law
unconstitutional, but that was eventually overturned by an Iowa Court
of Appeals, partly in response to the kidnapping and murder of a ten-year-old
girl. Right now, towns and counties nationwide are debating these laws,
whether they do more harm than good, and whether they are constitutional.
It might take a long time before this topic reaches the U.S. Supreme
Court, because no convicted sex offender wants the national media attention.
How could banning sex offenders from living near schools do
harm?
The laws are so restrictive that they have two effects:
1). They give sex offenders strong incentive to stop updating their
information and disappear from the system so they can live wherever they
want. Iowa experienced a 400 percent surge in “non-compliance” among
sex offenders after the 2,000 foot ban went into effect.
2). They drive sex offenders into a few small areas that are far enough
from schools. But just because there isn’t a school within 2,000
feet doesn’t mean no children live there, so you end up with every
sex offender within 50 miles living in one neighborhood – no one
wants that. A community near Cincinnati defeated such a law earlier this
year for that exact reason.
A: These laws are unique in that they continue to punish someone
for a crime even after they’ve served their full jail term. With
our children at stake, we need to work toward finding the right laws
to keep our communities safe.
