By Lindsay Raddeman
American DataBank Staff Writer © 2007
In response, many communities have created programs to mitigate this threat and protect their children from harm. On the legal level, laws are continuously being passed to increase the punishments for sexual offenses. For example, several states, frustrated with the sex offenders who manage to evade registration, now require these offenders to wear GPS tracking devices that allow law enforcement agencies to continually monitor their movements. More and more communities, businesses, and concerned individuals have turned to law enforcement agencies or third party background screening firms to access the Nationwide Sex Offender Registry. Among American Databank's clients, we have noticed a significant increase in Nationwide Sex Offender Registry searches over the last 5 years.
Sex Offender legislation has evolved significantly since the passage of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Act in 1994. Over the last 12 years, lawmakers and public interest groups have endeavored to close every loophole in current legislation, limiting the movement of sexual offenders-as well as any chance they might have to access children-and giving communities more ways in which to inform and protect themselves.
The History of Sex Offender Legislation:
1994: The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Act
Background:
In 1989, 11 year old Jacob Wetterling was abducted by a stranger on his way home from the video store. His brother and another child, who were with him at the time, were told to run away, leaving Jacob with the abductor. He has not been seen since. Despite the extensive efforts of his family and community, all leads in the case dead-ended. Later, his parents learned that convicted sex offenders who had been released from prison were living in a halfway house not far from where Jacob had been abducted.
Basics of the Law:
This is the first appearance of the Sex Offender Registry. Under the Wetterling Act, convicted sex offenders were required to register with the state upon release from prison. The courts were given the power of determining which sex offenders were required to register, and parole officers and police departments were charged with supervising the released offenders and ensuring that they met all conditions of the law, including re-registering new addresses, and, if they relocated out of state, to register according to that state's guidelines.
1996: Pam Lychner Sexual Offender Tracking and Identification Act
Background:
Pam Lychner, a realtor in Houston, Texas, was brutally assaulted by a convicted sex offender as she prepared to show a house. Her life was saved when her husband arrived on the scene. She founded the victim's advocacy group Justice for All, and lobbied for harsher penalties for violent offenders. Her efforts resulted in the Pam Lychner Act, which was passed in 1996 and named in her honor following her death in the tragic crash of TWA flight 800.
Basics of the Law:
Passed as an amendment to the Jacob Wetterling Act, the Pam Lychner Act mandated the creation of the Nationwide Sex Offender Registry, which was to be maintained by the FBI. States that were determined to have "minimally sufficient" registration guidelines were forced to strengthen their legislation. The Act also made it a criminal offense if an individual failed to register after conviction of a sex offense. For a first failure to register offense, the sex offender could face up to one year of jail time and up to a $100,000 dollar fine. The second failure to register offense could result in the offender facing up to 10 years in prison as well as a $100,000 fine.
1996: Megan's Law
Background:
Seven year old Megan Kanka was invited to a neighbor's house to meet his new puppy. Only there was no puppy, and, unbeknownst to her neighborhood, the neighbor was a sex offender who had been released into their community. Following her brutal death, New Jersey passed the first Megan's Law in 1994; the federal version was adopted as an amendment to the Wetterling Act in 1996.
Basics of the Law:
Megan's Law allows states to release sex offender registry data, including the names and addresses of convicted offenders to the public. According to the language of the law, information must not be released on a discretionary basis, and "…must be released to members of the public as necessary to protect the public from registered sex offenders." This entails making sex offender registry information available to the public, or by proactively notifying communities when a convicted sex offender has relocated to their area.
2005: Jessica's Law
Background:
Jessica Lunsford, a nine year old Florida girl, was abducted from her home by a convicted sex offender. Following a month-long manhunt, the offender was located in Georgia and was tried, convicted, and summarily executed for the crime in 2007.
Basics of the Law:
One of the strictest sex offender statutes in the United States, Jessica's Law has now been adopted by 38 states in addition to Florida. The law mandates a 25 year jail sentence for any offender guilty of specified sex offenses against children 11 years old or younger. In response to sex offenders who disappear from the Nationwide Sex Offender Registry and from state Sex Offender Registries by refusing to register when they relocate, Florida now requires this class of sex offender, upon release from custody, to wear a GPS system that will enable law enforcement agencies to track their movements for the rest of their lives. Offenders convicted of crimes against older children and teenagers would be required to wear the GPS system through the course of their parole only. This measure is designed to prevent states from losing track of sex offenders when they relocate.
In addition, penalties for failing to register as a sex offender stiffened considerably. In states that have enacted Jessica's Law, sex offenders who fail to register upon release face felony charges and an up to 25 year jail sentence.
2006: Adam Walsh Child Protection and Safety Act
Background:
Six year old Adam Walsh was abducted from a Florida department store in July of 1981. His severed head was found in a canal the next month; though the rest of his body was never recovered. While a convicted murderer already serving a life sentence for another crime confessed to Adam's murder multiple times, he was never tried for it.
Basics of the Law:
The Adam Walsh Act, signed by President Bush with massive bipartisan support, expanded the Nationwide Sex Offender Registry considerably, better integrating information contained within state Sex Offender Registries, ensuring that the public has access to sex offender information for individuals who have moved across state lines. This measure, coupled with the stringent restrictions enforced by Jessica's Law, is designed to prevent sex offenders from disappearing by refusing to register. Per Megan's Law, all registry information is available to the general public.
Federal penalties for crimes against children have become harsher, enforcing tough mandatory penalties for convicted sex offenders. Interstate or international sex offense issues, such as sex trafficking of children or child prostitution, are also dealt with harshly. Finally, states are given greater assistance in institutionalizing sex offenders who have shown no proclivity toward or no desire to rehabilitate, and are therefore not trusted within the general population.
To combat the widespread victimization of children via the internet, the Adam Walsh Act established funding for Internet Crimes Against Children Task forces that would assist and train law enforcement personnel in each state to combat crimes against children online.
Finally, in an effort to expand the federal protection extended to children, the Act created the Child Abuse Registry to assist in the screening of potential foster and adoptive parents.
Sex crimes are a growing and omnipresent problem facing the country, and we cannot stress the importance of protecting yourself, your employees, as well as any children, the elderly, or other at-risk populations with whom you may come into contact during the course of your workday. Checking the applicant's name against the Nationwide Sex Offender Registry, will provide you with added due diligence as you make that crucial hiring decision.