Megan's Law is named after seven-year-old Megan, a New Jersey girl who was raped and murdered by a child molester who had moved across the street from her family. The crime triggered the passage of Megan's laws in a number of states including California to provide the public with information on the whereabouts of dangerous sex offenders.

Database. As a result, a database of sex offenders is available for public viewing on the internet. Citizens can use their computers to go online for detailed information on registered sex offenders. Previously, the information was available only by personally visiting police stations and sheriff offices or by calling a 900 number. The new law was given final passage by the Legislature on August 24, 2004 and signed by the Governor on September 24, 2004.

The website provides specific home addresses on registered some offenders, as well as zip code, city and county information on others. Searches can be done by an offender's name, or by city, zip or within a predetermined radius of a selected park, address or school. Once an offender has been located, his or her picture is displayed, as is the person's present address, offenses, known aliases and any distinguishing scars, marks and tattoos. The information is available at www.meganslaw.ca.gov.

Board's Duty to Notify is Unclear. Although directors are fiduciaries, there does not appear to be a duty by directors to disclose the presence of registered sex offenders in the association. The law has created protections for offenders who have "paid their debt" to society. The only time disclosure is allowed is to protect persons at risk. Moreover, the disclosure must not be for the purpose of discriminating against or harassing the registered offender. Impermissible disclosures could lead to criminal prosecution and civil liability for directors.

Notice to Membership. Regarding notice to the membership, boards have several options, depending on the circumstances and the degree of risk they are willing to assume.

  1.   Make No Disclosure. Boards could elect not to mention the presence of a registered sex offender. This avoids any potential liability that may arise from improper use of the information, improper notification, or mistaken identification. However, if a child in the association is molested by that person, the parties involved might sue the board for failing to notify the membership of the potential danger.

  2.   Direct Members to the Website. Boards could include a notice in the association's newsletter about the Megan's Law website. The board would make no comment about a registered offender living in the association; it would simply encourage members to examine the website.

  3.   Contact the Police Department. Directors could contact the local law enforcement agency and ask it to give notice to the membership. The advantage is the board's avoidance of potential liability for giving improper notice. The disadvantage is the agency may refuse to give notice.

  4.  Disclose Identity and Address. This option should NOT be exercised without advice of counsel. It may put the board in violation of statute and it creates potential for defamation since the information on the State's website may not be accurate.

The board's action will depend in part on the seriousness of the threat. Boards should seek counsel before taking any action.

RECOMMENDATION: Regardless of the option chosen above (in consultation with legal counsel), boards should consider putting a standard notice in their newsletters that would appear in all future newsletters. The notice should be generic and state something similar to the following: "For information on registered sex offenders, visit www.meganslaw.ca.gov."

Updated by ADAMS KESSLER 9/17/2008