By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair
In 1994 the United States Congress passed the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act which required all states to create programs mandating that certain kinds of sex offenders register with state or local authorities. Congress added teeth to the Act by threatening the states with a ten percent loss of federal anti-crime funding for failure to comply.
Child protection advocates like Marc Klaas, whose daughter (Polly) was brutally raped and murdered in the 1990s by a released sex offender who is currently on California’s death row, offer these reasons for sex offender registration laws:
- Sex offenders pose a high risk of re-offending after release from custody;
- Protecting the public from sex offenders is a primary governmental interest;
- The privacy interests of persons convicted of sex offenses are less important than the government’s interest in public safety; and
- Release of certain information about offenders to public agencies and the general public will assist in protecting the public safety.
Two years later, in 1996, Congress amended the Jacob Wetterling Act with Megan’s Law which mandated “community notification” when a sex offender moves into a given neighborhood. The notification laws make public virtually all private information about sex offenders. Klaas defends “notification” laws on these grounds:
- Assists law enforcement in investigations;
- Establishes legal grounds to hold known offenders;
- Deters sex offenders from committing new offenses;
- Offers citizens information they can use to protect children from victimization.
Then in 2006 President George W. Bush signed into law the Adam Walsh Child Protection and Safety Act. This Act requires the U.S. Justice Department to create a national sex offender database accessible to the public through the Internet allowing nationwide searches about registered sex offenders.
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