Megan’s Law Arizona

Created in 1996, Megan’s Law requires sex offender registration that makes certain information about them visible to the public. The intent is to make communities aware that sex offenders who have been convicted, or recently released sex offenders, are in their local area.

In the state of Arizona, anyone who is convicted of a sex crime must be listed on the sex offender registration. These crimes include sexual assault, sexual exploitation, child exploitation, prostitution, and public sexual indecency. If you are facing accusations of being a sex offender, the Law Office of Trevor Hill provides guidance and legal support for sexual assault crimes. In this blog post, we explain more about this law and how legal representation may help you avoid conviction as a sex offender. 

The History of Megan’s Law

Megan’s Law was enacted in 1996 after the rape and brutal murder of Megan Kanka in 1994 by a convicted sex offender who was living in the same neighborhood. As Megan’s family was unaware of their neighbor’s sex offender status, it paved the way for new legislation.

Prior to this tragedy, the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act had created baseline standards for sex offender registration. Megan’s Law essentially created an amendment that mandated community notification of the sex offender population for residents to be aware of. While these are federal laws, individual states have their own versions to keep the public informed. 

How Megan’s Law AZ Applies

According to ARS §13-3827, any person convicted of a sex crime is deemed a sex offender, and that person must register to keep the community informed about convicted sex offenders living in their neighborhood. Since sex offenders could pose a danger to these communities, they must register with their local law enforcement agency in accordance with the federal community notification statute. 

What most sex offenders may not realize is that it does not matter if they are convicted in another state. A sex offender’s presence must be registered if they move to Arizona or are visiting the state for more than ten days. 

Obligations for Sex Offender Registration After a Sex Offender’s Release

Every sex offender, once released, must list their exact address for home and business to law enforcement per state law. This information must be kept current and up to date, and failure to do so violates ARS 13-3824 as a Class 6 felony for failing to update this registration annually or a Class 4 felony for failing to initially register. These additional charges will result in penalties, including prison time, lifetime registration as a sex offender, hefty fines, and restrictions imposed on where you can work, reside, or travel. 

Understanding Risk Level for Community Notification

In order to determine the appropriate community notification level, a sex offender risk assessment must be made. This Arizona risk assessment is used as a screening tool that provides criminal justice practitioners with key insights into the risk a sex offender poses to various community groups and the chance that their future behavior could harm someone else. 

Level 1 is considered low risk and may not be included as part of the mandatory community notification process. However, risks rise with Level 2 and Level 3 offenders, thus appropriate community groups are issued notification that includes a photograph and exact address. Offenders assessed are evaluated on nineteen different criteria that determine whether they may be likely to commit another sex crime. 

The Role and Services of the Arizona Megan’s Law Attorneys at the Law Office of Trevor Hill

Accusations of sex crimes are very serious, as evidenced by the national campaign to enact laws requiring communities to be informed about anyone with this criminal background. While it is important to promote public awareness, if you are being accused of these crimes, you will need help avoiding a conviction. 

A conviction of a sex crime will result in a risk assessment that triggers a community notification level of 1, 2, or 3, and while level 1 is not the highest risk, it still has the potential to sully your name. Beyond mandatory prison sentences and fines, these charges can hinder your chances with prospective employers, cause you to lose your professional license or job, impact divorce proceedings and child custody, and even prevent you from seeing your children. 

If you are alleged to have committed these crimes, a conviction means you are a threat to public safety. Mistaken identity or false accusations can completely destroy your life and your freedom. The Law Office of Trevor Hill is dedicated to helping you navigate the legal process by gathering evidence and leveraging a strong defense. 

Understanding the Rights of Those Affected by This Law

When facing time at the Arizona Department of Corrections and being seen on a statewide accessible database, you may feel like you have no rights. Contrary to that belief, there are several rights you are guaranteed, even if you must register as a sex offender.

Right to Due Process

From the moment you are charged with a crime, you have the right to a fair legal process. Even after you are charged, you can challenge the risk level and restrictions assigned.

Right to Housing

Offenders are subject to residency restrictions that include being too close to area schools, parks, or daycares. However, you are still permitted the right to housing in areas that are not close to those types of establishments.

Protection from Harassment

Although the law mandates an informed public for safety, no one can harass or intimidate anyone listed on the registry. 

Right to Contact with Family

You will still be permitted to have contact with your children unless a specific court order or condition is cited. 

Right to Work

Although certain professions requiring licensure may rescind your credentials and you can’t work in schools or daycare centers, you will not be barred from every type of job. 

Common Misconceptions 

One of the biggest myths revolving around this law is that registration as a sex offender is always permanent. Certainly, this is possible for serious offenses, though some may apply to be removed from the registry. 

Juveniles most commonly are able to petition for their removal once they turn 25. Certain adult offenses, particularly for those who served limited jail time and had subsequent offenses, may also be removed. 

Some mistakenly believe that the level of risk can never change. While it is difficult to have it changed, it can be done, especially with the help of an attorney. 

The Importance of Megan’s Law Legal Services in Arizona

While state law is designed to provide appropriate precautions, you still have legal rights when facing charges for sex crimes. Of all criminal charges, these tend to be the most difficult to face, and they require the intensive knowledge and dedication of attorneys familiar with these laws to help you achieve a favorable outcome. Contact the Law Office of Trevor Hill to discuss your charges with our criminal defense attorneys, who will work to present a strong defense on your behalf.