Megan's law began when the parents of seven-year-old Megan Kanka of New Jersey were not aware their neighbour was a twice-convicted sex offender until he was charged with the brutal rape and murder of their daughter.

Nor were the parents of four-year-old My Ly Nghiem of Binghamton, New York aware that a three-time convicted sex offender lived and worked in their building until he was charged with the rape and murder of their daughter.

These crimes, coupled with many other heinous crimes against children, prompted the passage of federal and state laws mandating the release of information necessary to protect the public from high risk-sex offenders. All 50 states were required to meet federal standards. In New York this was accomplished by the passage of The Sex Offender Registration Act of 1996, more commonly known as Megan's Law.

How it works

Megan's Law authorises (not requires) law enforcement to release information into communities about known sex offenders who may pose a risk to public safety. Law enforcement is not authorised, staffed nor funded to notify every individual within the community who may be vulnerable to that particular offender. When implementing a notification for a sex offender, for example, who targets children, law enforcement may notify a limited number of neighbours and notify organisations such as schools or child care centres.

Once released to the school or child care centre it is imperative that the school or childcare centre make parents aware that law enforcement implemented a notification and specifically make it clear to the parent or caregiver that, if they choose, they may obtain an exact copy of the notification from the school or centre.

If the information is disseminated only to those in charge of schools and centres, and is not further disseminated to those parents, then Megan's Law has not been fully effective. According to New York State's version of Megan's Law, Article 6-C of The Correction Law: “Any entity receiving information on a sex offender may disclose or further disseminate such information at their discretion.”

The law, together with the New York State Model Megan's Law Dissemination Policy or derivation, provides communities with the unique opportunity to ensure that all residents are made aware of the presence of a high-risk sex offender residing within a school district's boundaries and the opportunity to educate parents about childhood sex abuse prevention.