Using Megan's Law Information to Commit a Felony


Megan's Law allows law enforcement agencies to collect information about sex offenders, notifying the public about sex offender's who pose a risk to the public. The California Department of Justice (DOJ) maintains the registered sex offender database.
Pursuant to California Penal Code Section 290, persons convicted of specified sex crimes are required to register as sex offenders with a local law enforcement agency. Prior to their release from prison, jail, mental hospital, or on probation, sex offenders are notified in writing of their duty to register, and a copy of the notification form is forwarded to the DOJ. When a sex offender is released into the community, the agency forwards the registration information to the DOJ. With few exceptions, the registration requirement is a lifetime mandate. During annual registration, the registered sex offender is required to verify his or her name and address or temporary location. Failure to properly register may be a felony and may count as a "Third Strike."
The type of information released to the public depends on the severity of the conviction. Information includes the name, picture, the sex offenses convicted of, specific home addresses, zip code, city, county, known scars/tattoos, and alternate names used

The information listed on the website cannot be used to commit a crime. It may be a misdemeanor or a felony to misuse the information on the web site. In addition, civil penalties in the form of money damages may be added. Using information for the following purposes is prohibited:

 Health insurance
 Insurance
 Loans
 Credit
 Employment
 Education
 Scholarships
 Fellowships
 Housing accommodations
 Benefits, privileges, or services provided by any business.

While more than 63,000 people are required to register in California as sex offenders, approximately 25% of registered sex offenders are excluded from public disclosure, but known to law enforcement personnel. Certain offenses allow the person to apply for exclusion from the Megan's Law website, however they must still register as sex offenders. The following offenses allow for exclusion:

(1) Sexual battery by restraint (Penal Code § 243.4 (a))
(2) Misdemeanor child molestation (Penal Code § 647.6, or former section 647a)
(3) Any offense which did not involve penetration or oral copulation, the victim of which was a child, stepchild, grandchild, or sibling of the offender, and for which the offender successfully completed or is successfully completing probation.