| Using Megan's Law Information to Commit a Felony | | | | addition, civil penalties in the form of money damages |
| Megan's Law allows law enforcement agencies to | | | | may be added. Using information for the following |
| collect information about sex offenders, notifying the | | | | purposes is prohibited: |
| public about sex offender's who pose a risk to the | | | | Health insurance |
| public. The California Department of Justice (DOJ) | | | | Insurance |
| maintains the registered sex offender database. | | | | Loans |
| Pursuant to California Penal Code Section 290, | | | | Credit |
| persons convicted of specified sex crimes are | | | | Employment |
| required to register as sex offenders with a local law | | | | Education |
| enforcement agency. Prior to their release from | | | | Scholarships |
| prison, jail, mental hospital, or on probation, sex | | | | Fellowships |
| offenders are notified in writing of their duty to | | | | Housing accommodations |
| register, and a copy of the notification form is | | | | Benefits, privileges, or services provided by |
| forwarded to the DOJ. When a sex offender is | | | | any business. |
| released into the community, the agency forwards | | | | While more than 63,000 people are required to |
| the registration information to the DOJ. With few | | | | register in California as sex offenders, approximately |
| exceptions, the registration requirement is a lifetime | | | | 25% of registered sex offenders are excluded from |
| mandate. During annual registration, the registered | | | | public disclosure, but known to law enforcement |
| sex offender is required to verify his or her name | | | | personnel. Certain offenses allow the person to apply |
| and address or temporary location. Failure to properly | | | | for exclusion from the Megan's Law website, |
| register may be a felony and may count as a "Third | | | | however they must still register as sex offenders. |
| Strike." | | | | The following offenses allow for exclusion: |
| The type of information released to the public | | | | (1) Sexual battery by restraint (Penal Code § |
| depends on the severity of the conviction. | | | | 243.4 (a)) |
| Information includes the name, picture, the sex | | | | (2) Misdemeanor child molestation (Penal Code § |
| offenses convicted of, specific home addresses, zip | | | | 647.6, or former section 647a) |
| code, city, county, known scars/tattoos, and | | | | (3) Any offense which did not involve penetration or |
| alternate names used | | | | oral copulation, the victim of which was a child, |
| The information listed on the website cannot be used | | | | stepchild, grandchild, or sibling of the offender, and |
| to commit a crime. It may be a misdemeanor or a | | | | for which the offender successfully completed or is |
| felony to misuse the information on the web site. In | | | | successfully completing probation. |