Megan’s Law Information Page

 

This webpage is NOT supportive of Megan’s Law.

 

This page is meant to help those persons harmed by the oppressive, unfair, law that harms children, destroys families, and creates a great burden on society.  Megan’s Law does not protect children; it harms them by forcing the true sex offenders into hiding.

 

 

Need Help Getting Off the Megan’s Law Site?

 

In some cases it is possible to end sex offender registration requirements. 

 

E-Mail questions and comments to victor@helpgettingoff.com

 

Brief History of Sex Offender Registration (you are not alone)

 

From antiquity “sex offenders” have been subjected to public humiliation.

 

In ancient Rome, those determined to be guilty of prostitution were required to wear blonde wigs to differentiate them from the decent Roman women . 

 

In ancient Greece, the guilty were required to wear a distinctive dress, were confined to certain quarters, and were forbidden to enter the upper class areas of town . 

 

In many medieval societies, those found guilty of sex crimes – fornication, adultery, prostitution, etc. – would have their heads shaved as a mark of dishonor .

 

In 1384, the Common Council of London required those guilty of prostitution to live in a designated area.  Any prostitute found guilty of living outside the designated area would be taken from prison in a striped hood, required to carrying a white wand, and accompanied by minstrels who would publicly proclaim her offence. Then she would be escorted back through the city to her designated area.

 

Closer to home, in the Puritan societies of New England, adultery was a sex crime whose perpetrators were required to wear a symbol of their dishonor, such as the scarlet “A” worn by the fictional character Hester Prynne. 

 

In the New Haven Colony, criminals were sometimes actually physically branded with hot irons .  For severe crimes, such as adultery, homosexuality, or failing to properly report being raped, the preferred punishment was death.

 

In 1871, Germany formally made homosexuality a sex crime.  After the Nazis took control of the government, homosexuals were required to wear a pink triangle, and it also became a crime to have sex with a Jew.  Anyone found guilty of having sex with a Jew was required to wear an interlocking black and yellow triangle.   Both classes of sex offenders were rounded up and placed in concentration camps, along with other undesirables.  Eventually, many were exterminated.

 

Throughout history, sex offenders and their families were subjected to public humiliation, and were given little protection from vigilantes.

 

Soon after the birth of this nation, our forefathers outlawed brands of dishonor and public humiliation as cruel and unusual.

 

With the passage of Assembly Bill 488 (Codified as Penal Code §290.46), California returned to a system of brands and humiliation for punishment.  Under Penal Code §290.46, “sex offender” photographs and other identifying information are posted on the Internet.

 

The stated goal of §290.46 is the same as its Megan’s Law predecessors: protect children.  When Megan’s Law was first passed, it cast a small net to ensnare the predatory child molesters.  The goal was good; the protection was appropriate.  Many “sex offenders”; however, do not in any way involve children.

 

Hitler too cast a small net at first.  Hitler sought to control prostitution so as to end the scourge of syphilis, but the net expanded over time.  Over time, Megan’s net has expanded also.  Now the Megan’s Law net is able to ensnare the majority of the population – anyone who has had sex with a minor and anyone who has even annoyed a minor. 

 

It is estimated that over eighty percent of high school aged teens in some ethnic groups have been sexually active.  Any of their partners could be caught in Megan’s net, but the net is cast even wider since the surveys define sex as penile/vaginal intercourse.

 

The California Penal Code criminalizes such intercourse, but also criminalizes oral sex, exposure of genitals, fondling, and other behaviors falling short of intercourse.

Under the expansive provisions of the Penal Code §290.46, anyone convicted of a sexual offense can be ensnared and branded for life.  Every time a boy propositions an underage girl, the boy is guilty of Annoying a Minor (Penal Code §647.6) which requires lifetime registration as a sex offender and the public dissemination of his photograph and personal information. 

 

Over time, Hitler expanded his net to include homosexuals, Jews, Jehovah’s Witnesses, the mentally retarded, Poles, Slavics, and others.   Over time, Megan’s net has also widened.  It would appear that Megan’s net is now wide enough to catch nearly the entire male population. 

 

The Future of “Sex Offender” Registration

 

One of the best ways for a politician to be re-elected is to be hard on “sex offenders”.  To help with their re-election campaigns, politicians have drafted multiple proposed laws.  Some of these proposed laws are summarized here.

 

SB 1163

 

This bill would require some convicted sex offenders to display a special license plate or a sticker that indicates the driver is a registered sex offender.

 

The basic problem with this proposed law is that it will simply force more sex offenders underground.  Most of the truly dangerous “sex offenders” are currently either incarcerated or in hiding. 

 

AB 261, AB 803 and SB 256

 

These bills remove the statute of limitations for many sex offenses so that prosecution can be commenced at any time.

 

Imagine this scenario: After Aunt Betty retires at sixty-five she feels a bit depressed, so she begins taking strong medication and undergoing hypnosis.  During one of her hypnosis sessions, she “remembers” that she was molested when she was five years old and visiting her father at his home in Florida.  Grandpa is yanked from the retirement home and prosecuted.  Grandpa argues that nothing in the story is true – he never molested anyone, he was serving in the Army in Germany when Betty was five, and he didn’t even move to Florida until Betty was twenty.  Unfortunately for Grandpa, he is unable to locate any witnesses or evidence to prove his whereabouts sixty years ago, so he spends his final years in prison. 

 

The current statute of limitations can be as long as twenty-eight years.  If a crime really happened, it would probably be reported within the existing statute of limitations.

 

AB 601

 

Existing law provides that it is unlawful for any person who is required to register as a sex offender to reside within 2000 feet of any public or private school or park where children regularly gather.

 

Existing law also provides that municipal jurisdictions may enact local ordinances that further restrict the residence of registered sex offenders.  This bill would set up a task force to develop model ordinances intended to assist rural communities in exercising their authority to restrict the residence of persons for whom registration is required.

 

This is just another proposed law that will force “sex offenders” into hiding.  If they have no place to live legally, they will simply live somewhere illegally under an assumed name.

 

AB 1191

 

This bill would make it a misdemeanor for a person to publish information via the Internet relating to the location of children or a place where children regularly gather with the intent the information be used to commit a specified sex offense involving a person under eighteen years of age.

 

Imagine this scenario:  Your sixteen-year-old son sends an instant message to his friend “Another party at my house Saturday – come help me hit the hotties!”  A girl who attends the party complains that she was groped.  The “groper” is arrested for child molest (Penal Code §288) and annoying a minor (Penal Code §647.6).  Your son is arrested for the message he sent.

 

AB 1197

 

This bill would provide that the denial or termination of tenancy of a person who has been convicted of the commission or attempted commission of specified sex offenses would be presumed to protect a person at risk.

 

Under this proposed law, “sex offenders” could be evicted at will.  Where are the “sex offenders” supposed to live?  This proposed law makes it difficult for them to rent property.  They are already unable to live near schools and parks, and they are not allowed to live together.

 

AB 115

 

This bill would require that the information required for registration as a sex offender include all e-mail addresses, Internet service providers, and instant messaging identities that may be used by the person.  The bill would also require a registering person to notify certain law enforcement personnel within five days of changes or additions to that person’s Internet service providers.

 

This proposed law doesn’t seem too bad if applied to true “sex offenders”, but it will be an administrative nightmare and almost impossible to enforce.

 

Recent Favorable Cases

 

People v. Garcia (in deciding whether or not a person should register, a judge should consider how the person lived their life).

 

People v. Hofsheier (it is wrong to require registration for oral sex but not intercourse).

 

People v. Zaidi (a defendant must be informed that sex offender registration is a lifetime requirement).

 

Common Pleadings Used for Help Getting Off the Megan’s Law Site

 

Motion to Withdraw Plea [Penal Code §1018]. 

 

If you have not been sentenced or were sentenced to probation within the last six months, you may be allowed to withdraw your plea.

 

Petition for Writ of Error Coram Nobis

 

If you were not properly advised of your rights and the consequences of your plea, you may be allowed to withdraw the plea.

 

Request to Recall Sentence [Penal Code §1170]

 

Within 120 days of being sent to prison, the court can recall your sentence and re-sentence you to a lesser term.  This is usually based on new mitigating factors.

 

Motion for New Trial [Penal Code §1181]

 

If you were found guilty by trial, but have not yet been sentenced, you can challenge almost any error that happened during the course of the trial.

           

Motion to Modify Probation [Penal Code §1203.3]

 

If you were given a probationary sentence and are still on probation, you can ask the court for early termination of probation or to change the terms of your probation.

 

Appeal [Penal Code §1237 (felony), 1466 (misdemeanor)]

 

An appeal can challenge almost any error found in the record of your case.

 

Petition for Habeas Corpus [Penal Code §1473]

 

A habeas petition can be used to challenge to your conviction or the conditions of your confinement.  It can be based on matters outside the record, but generally can only be used by persons who are currently in custody or under supervised release.

 

Petition for Expungement [Penal Code §§17, 1203.4, 1203.4a]

 

If you have completed your entire sentence, you may be allowed to withdraw your plea and have a not guilty plea entered.

 

Certificate of Rehabilitation and Pardon [Penal Code §4852.01]

 

After being discharged from parole and waiting from five to ten years, you can request a certificate of rehabilitation.  After another ten year wait, you can request a pardon.  The certificates are commonly granted, the pardons are not.  Many crimes are excluded from relief and relief does not necessarily do much for you.

 

Petition for Writ of Mandate / Motion to Correct Record Nunc Pro Tunc

 

If you didn’t get the deal you bargained for, you can bring a motion or petition to force the prosecution to stick to the bargain.  Best in cases where the judge says something like “you will be on probation for three years under the following terms… you will register pursuant to Penal Code §290”.  If you reasonably believed that sex offender registration would end with probation, you can request the court to enforce your belief.

 

Motion to Terminate Registration

 

If you were ordered to register as a sex offender based on a conviction where registration was not required by statute, you can ask the court to terminate your registration requirement.

 

 

 

E-Mail questions and comments to victor@helpgettingoff.com or give us a call at (661)327-4362.

 

 

 

Copyright © 2008, Law Offices of George A. Boyle