Can I Be Removed From the Megan’s Law Registry?

If you’re charged with child sexual assault, a conviction can lead to prison time, lifetime parole and, most seriously, registration on the sex offender registry known as Megan’s Law. Registration on this list severely restricts your life, including limits on where you might work or live. Your photograph may even be posted online in an Internet database, stigmatizing you further and possibly making you vulnerable to harassment — even if you have served your time.

However, what you may not know is that Megan’s Law allows for different tiers of classification. These tiers, from low risk to high risk, can drastically effect the consequences of Megan’s Law on your life. Your defense attorney works to not only get you classified on the lowest tier possible, but also get you removed from Megan’s List as soon as the law allows.

How Megan’s Law Works

Enacted in 1994, Megan’s Law is named for Megan Kanka, who was raped and murdered in Hamilton, New Jersey by a neighbor who happened to be a previous sex offender. This law requires convicted sex offenders to register on a list, notifying their neighbors and community of their sex offender status. If you don’t register, you’re likely looking at additional jail time and other penalties.

Here are some common questions defense attorneys often hear regarding Megan’s Law:

• Who has to register on the sex offender list? Anyone who’s been found guilty of child sexual assault or any other child-related sex crime must register. You’ll be classified as Tier I (low-risk), Tier II (moderate risk), or Tier (III) high risk. You’re also entitled to a hearing before final classification.

• What do the Tiers mean? A Tier I classification means law enforcement is notified of your status. Tier II means law enforcement, schools, day care centers, summer camps, and registered community organizations are also notified. Tier III notifies all of these plus the general public.

• Are juvenile sex offenders required to register? Yes.

• What if I move to another address? You must report your change of address to local police at least 10 days prior to your move.

• Will I be on Megan’s List forever? You can file an application for removal after 15 years of good behavior. Your criminal defense lawyer in New Jersey can do this on your behalf.

Removal from the Sex Offender Registry

Megan’s Law is a great asset to law enforcement officials in preventing repeat child sexual assault offenses. However, what if you were wrongly accused of sexual assault? Or, what happens if you have served your time? Is it fair to be stigmatized and punished for the rest of your life? This is especially critical if you are (or were) a juvenile at the time of your conviction. It may feel like you have no options, but your defense attorney can help.

If, after 15 years, you have not committed an offense after release from incarceration or after conviction, you can petition for removal from the Megan’s Law sex offender registry. Your lawyer will work with you and a qualified psychologist to file this petition, and show the courts you are not a threat to the community. If an offender was under 14 years old when charged with child sexual assault, he or she can be eligible for petition at age 18, depending on the circumstances of the offense. Removal from the list allows you to move on with your life without embarrassment or stigma, and gives you a chance to start over.

A Megan’s Law Defense Attorney Can Help

If you or a loved one is charged with any sex crime, you don’t have to suffer for the rest of your life. Whether you made a terrible, one-time mistake or were wrongly accused of sexual assault, a sympathetic lawyer can help you with your case.

Help for Sex Offenders Charged With Failing to Register

Florida law mandates that person(s) convicted of a felony sex crime must immediately register with the local authorities and must provide them the required information — and it must be accurate. Be advised that if you do not comply with this law, officers of the law can arrest you, and you may ultimately face further incarceration. Moreover, if a felony sex offender fails to register, that could be an additional felony charge.

So, if you are uncertain about what your rights and/ or are confused about what your responsibilities are in regard to being complicit with Florida state laws, it would be prudent of you to seek the counsel of a Florida Sex Crimes Attorney. These skilled attorneys are well versed when it comes to the law dealing with sex offenders and would be able to offer sound counsel in this regard.

Ignorance of the law is not an excuse and can land you back in jail.

It is also important to note that there are two classifications of sex offenders in the state of Florida: sexual predators and sexual offenders. Although they are regarded differently by governing bodies, the punishments for each are the same. The major difference is sexual offenders only have to register twice a year, whereas sexual predators must register four times a year. Again, if you have any questions about your registration requirements you should talk to a Florida Sex Crimes lawyer for clarity and to avoid getting into more trouble because the consequences for failing to register are severe.

A sex crimes lawyer can help you and advise you of your rights within the community and explain where you can reside, including counseling you about what to do if you move to another area in Florida or even out of state. After your release from prison, or if you are placed on probation, your window of opportunity to register is very small. If you are found in violation, the penalty could be prison time — up to five years and, in some situations, 15 years. So, it is vital that you stay on top of these required registers in order to avoid further charges.

However, if for whatever reason, you fail to register as required in the state of Florida, it is critical that you contact a Florida Sex Crimes Attorney as soon as possible. The firm does offer free case evaluations and consultations at various offices throughout the state.

The Crime of Statutory Rape in Tennessee

Tennessee’s statutory rape law is found in Title 39, Chapter 13, Part 5 of the Tennessee Code Annotated. It is a complex offense that contains numerous elements and criminalizes many different activities, and the penalties can be harsh.

There are actually three types of this offense in Tennessee: mitigated statutory rape, statutory rape, and aggravated statutory rape. They all require the act of unlawful sexual penetration where the victim is less than 18 years old and the defendant is at least four years older. “Unlawful sexual penetration” can mean many different types of sexual activity.

The ages of the victim and defendant will determine the classification. Mitigated SR is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim, when the victim is at least 15 but less than 18 years of age and the defendant is at least four but not more than five years older than the victim.

Statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when 1) the victim is at least 13 but less than 15 years of age and the defendant is at least four years but less than ten years older than the victim; or 2) the victim is at least 15 but less than 18 and the defendant is more than five but less than ten years older than the victim.

Aggravated SR is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim, when the victim is at least 13 but less than 18 years of age and the defendant is at least 10 years older than the victim.

Mitigated and regular statutory rape are both Class E felonies. An E felony in Tennessee is punishable from 1-6 years. Aggravated SR is a Class D felony, punishable from 2-12 years. Please contact a Memphis sex crimes lawyer for more information on these penalties.

Another type of crime is statutory rape by an authority figure. This is defined as unlawful sexual penetration when the victim is between 13 and 17, the defendant is at least four years older, and the defendant is in a position of trust, or supervisory or disciplinary power over the victim and uses that trust or power to accomplish the sex act. It can also be when the defendant has parental or custodial authority over the victim and uses that authority to accomplish the sex act. Statutory rape by an authority figure is a Class C felony punishable from 3-15 years.

Two of the biggest questions for an individual charged with this crime in Tennessee are going to be 1) Will it require going on the sex offender registry list, and 2) Can it be removed from my record? A conviction for aggravated SR does require registry on the sex offender list. Tennessee’s sex offender registry laws are in Title 40, Chapter 39, Part 2 of the Tennessee Code. A conviction for mitigated and regular statutory rape require registration only if the defendant has a prior conviction for SR (this includes any of the three classifications). Thus, if the charge is not aggravated statutory rape and the defendant has no prior convictions for SR, registry on the sex offender list is not required. Statutory rape by an authority figure is defined as a violent sex offense and requires registration for life.

This is a diversion-eligible offense, which means a defendant who is otherwise qualified for diversion may have the chance to remove the charge from their record. All three classifications of SR are eligible, but statutory rape by an authority figure is not.

Perhaps the most important thing to remember about statutory rape is that it’s a strict liability crime. It requires no culpable mental state. It is no defense if the defendant believes the victim is of the proper age. All that is needed is to commit the act.

Sex Crimes: Helping Human Trafficking Victims

There are certain acts that are considered as taboo in a civilized society. Certain acts are even considered illegal and punishable even if done with consent. There are several types of sexual acts that are considered as illegal.

As law is dynamic and ever evolving, the sexual criminal offense related law varies from place to place and time to time. An offender related to sexual offense is termed as a sexual offender. There are several types of sex crimes that involve violence and some that violates social taboos (incest, sodomy, indecent exposure, etc).

There is much variation as to what sexual activity may be labeled as a crime based on cultural background. For example – In European nations and even in America oral sex is not considered as an offense. Some of the sexual crimes are –
• Rape
• Lust murder
• Obscenity
• Human trafficking
• Frotteurism, etc.

Human trafficking involves trafficking of human beings across borders. There are several ways a person can be trafficked. One is the by kidnapping and selling. A person may be deceived with a false promise for job and lured into crossing international border. There the person may be forced into forced slavery or indentured servitude. They may also force into prostitution. However, force may not be the primary factor for prostitution.

A person may accept prostitution due to lure of drugs. In USA for instance a minor (below 18 years) is considered as a trafficking victim, although no movement has taken place. This is in accordance to the U.S. Trafficking Victims Protection Act of 2000.

As per US State Department data, there are about 600000-820000 approximately people who are being trafficked across the border. In 2001, an office has bee established by the US state department called the Office to Monitor and Combat Trafficking in Persons. The name of the office well explains the purpose of the office. Although slavery has been outlawed by the US government by the Thirteenth Amendment to the US Constitution (year-1865, section-1), according to an old estimate of 2004 there are approximately 10000 forced laborers (report from the Human Rights Center in Berkeley, California).

There are several organizations that have come forward to provide help to this type of people. There are free telephone hot lines, National Commission Against Domestic Violence, etc to provide assistance to trafficking victims.

In case you have fallen victim to human trafficking in Miami don’t hesitate to contact a Miami Attorney. Before choosing any lawyer it is better to get an understanding about his experience.

Florida Sex Crime Overview

The sex crimes laws passed by the Florida state legislature, and approved by the governor, in 2007 are the following:

– Senate Bill 2866 requires the agency that has jurisdiction over a sexually – based offense to give the multidisciplinary team the accused person’s name; distinct characteristics; where he is expected to reside in the future; what type of supervision, if any, he will get in his community; and his criminal record- police reports, statements made by victims, pre- and post- sentence investigation reports, if these are available; and other documents about crimes committed by the subject, and which ones were sexually motivated. Also his mental status and medical history, and records of treatment received in mental health facilities and of “institutional adjustment.” The bill also provides for the use of force, when necessary, by law enforcement agents to ensure the security to the people and property on a secure facility, and requires the person who made the decision to use such force to prepare, date, and sign an independent report within three days.

– Senate Bill 0988 was passed specifically with the identifications of convicted sexual predators in mind. It calls for “distinctive markings for driver’s licenses and identification cards issued to persons who are designated as sexual predators or subject to registration as sexual offenders,” such that the offender must renew his driver’s license or identification card and will be subject to criminal penalties for altering the markings on them. School districts are also required to screen the results of an applicant’s criminal background check and may prohibit him from entering on school grounds.

– Senate Bill 1604 requires sex offenders not currently in prison to register with the Department of Law Enforcement within a certain time period. The provisions that allow the person to remove the designation after a specified period have been removed, and a reregistration requirement is also in force. Registration includes name, SSN, age, race, sex, birth date, various physical characteristics, photograph, address, date and place of any employment, “date and place of each conviction, fingerprints, and a brief description of the crime or crimes committed by the offender.” Vehicle identification must be provided in the case of a trailer residence. Registration is for life, except in the case of a pardon or a conviction that was set aside.

– Senate Bill 0146 (called the “Anti- Murder Act”) prohibits bail for registered sexual and other violent offenders, or those on felony probation, who are accused of a new crime.

– Senate Bill 1004 is called the “Cybercrimes Against Children Act of 2007.” It outlaws owning or promoting certain types of child pornography, and provides penalties for “traveling to meet a minor” for the purpose of engaging in illicit activity and for owners of Internet services who allow users to distribute child pornography through their channels.

The Florida Sexual Predators Act has also been passed to provide strategy for dealing with such predators, including ensuring they are not released to relieve prison overcrowding and prohibiting them from working with children.