Sex Offender Registration and Community Notification Laws

     In October 1989, 11-year-old Jacob Wetterling was abducted less than a 10-minute bike ride from his St. Joseph, Minnesota home as he, his 10 year-old brother, and their 11-year old friend rode home from the local video store. Although law enforcement officers never found Jacob or his abductor, they did discover that a number of halfway houses in their county boarded convicted sex offenders from another county. 

     Ten months after Jacob's disappearance, Pam Lychner, a Houston, Texas real estate agent, entered a vacant home to prepare to show it to a prospective buyer. She was brutally assaulted by a twice-convicted felon. Her husband saved her life when he interrupted the beating.

     In July 1994, 7-year-old Megan Kanka went to a neighbor's home to see his new puppy. The twice-convicted sex offender - who lived across the street from Megan's home - raped and murdered Megan, dumping her body in a nearby park.

     As they often do, these tragic events spurred the Wetterlings, the Lynchers, and the Kankas to push for legislation to protect the lives of others. Their efforts spawned sex offender registration and release information to the public. Although the laws have generated much controversy, they do provide officials with additional tools to more effectively protect the public from predatory sexual offenders and provide citizens with information that can be valuable in keeping themselves and their children safe from harm.

The Laws

     In 1994, Congress passed the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (The Jacob Wetterling Act). The act required that states create sex offender registries within 3 years or lose 10 percent of their funding under the Edward Byrne Memorial program. Offenders who commit a criminal sexual act against a minor or commit any sexually violent offense must register for a period of 10 years from the date of their release from custody or supervision. All 50 states have sex offender registration laws. This act gave states the option of releasing information about registered sex offenders to the public but did not require it. This changed in 1996 when Congress amended the act to require that states disclose information about registered sex offenders for public safety purposes. This legislation became known as Megan's Law, in memory of Megan Kanka. U.S. Department of Justice guidelines allow states considerable discretion in determining the extent and manner of notification when warning the public about sex offenders living in the community. At least 44 states have passed community notification laws since 1990.

     The Pam Lychner Sexual Offender Tracking and Identification Act of 1996 amended the Jacob Wetterling Act by establishing a national sex offender database, which the FBI maintains. This national tracking system gives law enforcement authorities access to sex offender registration data from all participating states. With the new NCIC 2000 operational, officers will automatically be notified of a registered sexual offender simply upon the officer performing an NCIC check for wants and/or warrants on that individual. The Lychner Act also requires that the FBI register and verify the addresses of sex offenders in states that have not met the minimum compliance standards required by the Jacob Wetterling act, although this may change.

A Sex Offender May:

- Be someone you know;

- Lure children with convincing ploys, such as, looking for a lost puppy;

- Take advantage of children's beliefs that they must do what adults tell them to do;

- Make potential victims feel special, either telling them so or giving them special privileges to make them feel obligated to give  something in return;

- Tell victims they look older than or more mature for their ages;

- Try to spend time alone with victims;

- Violate boundaries by not respecting a child's privacy or by showing or telling the child inappropriate things (showing pornographic photos, talking about sex);

- "Accidentally" see the victim or be seen naked;

- "Accidentally" touch the victim;

- Look at children in a funny or sexual way or make inappropriate, sexual comments;

- Tell children to keep secrets.

Children Should Know:

- Their full name, address, and phone number;

- How to make a long distance telephone call, and how to call 911 for help;

- That a stranger is someone they and their parents don't know well (but that strangers can be men or women, friendly or unfriendly, and they never should go anywhere with anyone - even someone they know - without permission);

- That no one has the right to touch them or make them feel uncomfortable;

- That they have the right to say no;

- That they should tell their parents (or another adult they trust) if anyone tries to touch them; offers them rides, candy, money, or gifts; wants to take their photograph; or asks them to keep a secret;

- To scream ("I don't know you" or "This person is not my parent"), kick, bite, hit, and run away if someone grabs them.

Parents Should:

- Never display their children's names on school bags, clothing, or personal belongings;

- Always know where their children are, who they are with, and how they can be reached;

- Encourage their children to play with other children and in places where people can see them;

- Communicate with their children, encourage them to talk, and avoid belittling their fears or concerns;

- Check TBI's Sexual Offender Registry for any neighbor or acquaintance that may fit the profile;

- Teach their children how to call 911 for help;

- Keep current photographs of their children;

- Have their children fingerprinted and keep the cards in a safe place;

- Know where and how to obtain their children's medical and dental records;

- Teach children how to stay safe, reviewing rules and role-playing possible scenarios and solutions.

Conclusion

     Statistics have shown a dramatic increase in the number of convicted sex offenders that reside in U.S. communities. Sex offender registration and notification laws strive to increase public safety by mandating the release of information about these dangerous offenders. Policy makers and criminal justice officials disagree on whether these laws actually accomplish their stated purpose of protecting the public. however, registries represent a great source of information for identifying, monitoring , and tracking sex offenders, while providing law enforcement officials with an additional tool in the investigation of unsolved sex-related crimes. The national registry will allow state officials to more effectively monitor transient sex offenders.

     For public notification to be effective, officials must educate the community about how to recognize characteristic sex offender behavior, encourage citizens to report suspicious behavior to the police, and provide specific suggestions on what citizens can do to protect themselves and their children.

     It has been said that good fences make good neighbors. Yet, when sex offenders move into the neighborhood, residents may need more than a good fence. Sex offender registration and notification laws, in conjunction with community education and cooperation, can provide a stronghold against the dangerous criminals who live among us.

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