What Is California’s Megan’s Law and How Does It Protect People?

Posted on September 28, 2022     |     Sexual Abuse

Since 2004, sex offenders have been required to register with local law enforcement under California’s Megan’s Law. As a result, the public is able to view sex offender registries containing identifying information for those convicted of certain sex crimes. Before Megan’s Law, this information was only available by personally visiting police stations and sheriff offices or calling a toll-free number. 

Why California’s Megan’s Law was Enacted

Megan’s Law is named after Megan Kanka, a 7-year-old girl who was brutally raped and murdered by a convicted child molester who lived across the street from her. Her parents had no idea their neighbor was a sex offender until after her death. As a result, her parents fought to pass legislation for the state to release identifying information to the public concerning registered sex offenders. Now all states in the U.S. have some form of Megan’s Law. 

How Megan’s Law Protects People

Megan’s Law helps parents and community members recognize potential threats to young children. Child molesters, especially repeat offenders, have techniques for seducing children and are skilled at identifying and luring vulnerable victims. Under Megan’s Law, those convicted of certain sex crimes must register as sex offenders for a set period of time or for the rest of their lives. As a result, parents and residents can visit the Megan’s Law website to find out the following: 

  • Offenders’ names
  • Their partial or complete address
  • Physical description
  • Photo identification, if available
  • The offense
  • Year of conviction
  • Year of release from incarceration or commitment

The website is updated daily by the Department of Justice. 

Who Must Register as a Sex Offender Under Megan’s Law?

Who must register as a sex offender under Megan’s Law and for how long will depend on the crime committed. California’s sex registration system has the tiers: 

Tier 1 Sexual Offenses – 10 Year Registration (5 if a juvenile conviction)

The following offenses classify an individual as a Tier I offender:

  • Sexual battery 
  • Indecent exposure
  • Misdemeanor child pornography
  • Enticing a child into a house of prostitution 
  • Inducing sex by fraud
  • Sodomy as a misdemeanor (with or without a minor)
  • Sodomy in some felony cases where there is no force (with or without a minor)
  • Oral copulation as a misdemeanor (with or without a minor)
  • Oral copulation in some felony cases where there is no force (with or without a minor)
  • Arranging to meet with a minor for lewd purposes as a misdemeanor 
  • Acts of penetration with a foreign object as a misdemeanor and in some felony cases
  • Annoying a child

Tier 2 Sexual Offenses – 25 Year Registration

The following offenses classify an individual as a Tier 2 offender:

  • Incest
  • Rape when the victim is at least 18 and incapable of giving consent due to a mental disorder or developmental or physical disability 
  • Sodomy when the victim is at the time incapable of giving consent because of a mental disorder or developmental or physical disability
  • Sodomy with a minor under 14 and over 10 years younger than the defendant (no force)
  • Lewd acts with a minor under 14
  • Oral copulation with a minor under 14 and over 10 years younger than the defendant (no force)
  • Oral copulation when the victim is at the time incapable of giving consent because of a mental disorder or developmental or physical disability
  • Contacting a minor with intent to commit a felony
  • Penetration with a foreign object when the victim is incapable of giving consent because of a mental disorder or developmental or physical disability
  • Penetration with a foreign object against the victim’s will by threat or when the victim is incapable of consent because of a mental disorder or developmental or physical disability, of giving legal consent
  • Annoying a child (second or subsequent offense)

Tier 3 Sexual Offenses – Lifetime Registration

The following offenses classify an individual as a Tier III offender:

  • Murder committed during rape, attempted rape, or another specified sexual act
  • Kidnapping during the commission or attempted commission of rape or another specified sexual act
  • Assault with intent to commit a felony
  • Sex trafficking children
  • Sexual battery as a felony
  • Rape
  • Spousal rape
  • Aiding a rape or acts of penetration with a foreign object
  • Pimping and pandering with a minor 
  • Giving or transporting a child under 16 for a lewd purpose 
  • Taking 
  • Taking away a minor for purpose of prostitution
  • Aggravated sexual assault of a child
  • Lewd and lascivious conduct contributing to the delinquency of a minor
  • Sodomy when the defendant is acting in concert with another or when the victim cannot consent because of intoxication or being unconscious
  • Sodomy by force 
  • Lewd acts with a minor under 14 (the defendant was convicted of two charges brought separately)
  • Lewd acts with a minor under 14 by force or the victim is a child of 14 or 15 and at least 10 years younger than the defendant, or the defendant is a caretaker, and the victim is a dependent
  • Oral copulation by force
  • Oral copulation when the defendant is acting in concert with another or when the victim cannot consent because of intoxication or being unconscious
  • Sending harmful material to seduce a minor
  • Contacting a minor with intent to commit a felony 
  • Arranging to meet with a minor for lewd purposes as a felony
  • Continuous sexual assault of a child
  • Sex acts against a child 10 or younger
  • Acts of penetration with a foreign object by force or duress, or when the victim is under 14 and more than 10 years younger than the defendant, or the victim is too intoxicated to consent, or the victim is unconscious
  • The person’s risk level on the static risk assessment instrument for sex offenders (SARATSO) is well above average risk at the time of release 
  • Child pornography 
  • Soliciting someone to commit a sex crime
  • The defendant received a life sentence 
  • The defendant was convicted to 15 to 25 years to life 
  • The defendant is a habitual sex offender

After release from custody, the offender must register at a local law enforcement agency within five business days. Depending on the crime committed, they may also be barred from living in proximity to certain areas, such as a school, daycare center, or park. Additionally, this list of crimes is not exhaustive, and a judge can order a sex offender to register for any offense. If an individual fails to register as a sex offender under Megan’s law, they can face strict penalties and may end up back in jail. If you have any questions, our Los Angeles sexual abuse attorneys are here for you.