Perspectives on Innovative Interdisciplinary Legislative Efforts
Beyond Megan's Law
By New York State Assemblyman Andrew Raia*

The advent of Sex Offender Registries represented a sea of change in the way we shield children from sexual predators. In theory, "Megan's Law" meant that residents of a community would know when a convicted sex offender was moving into their neighborhood, and would be able to protect their kids accordingly. In practice, though it has largely been successful, several loopholes have arisen to indicate that the law could go further. The New York State Assembly Task Force on Sex Crimes against Children and Women, of which I am a member, is taking a proactive approach to finding out what more could be done.

Over the past few months, the Task Force has traveled across New York State to gather testimony from experts in the fields of sexual assault investigation and prosecution, as well as victims' rights advocates. We heard, firsthand, that Megan's Law needs to be more inclusive, and that it needs to be easier for law enforcement agencies to track registered offenders.

We also learned that our laws need to keep pace with technological advancements. For example, more and more sexual predators are finding the anonymity and relative lawlessness of the Internet to be an ideal venue for stalking their young prey. They lurk in online chat rooms and other virtual dark corners looking for children with whom to strike up illicit "friendships." Shockingly, this new kind of enticement is not against the law in New York State. My colleagues and I have proposed to rectify the situation with legislation that would create the new crime of "computer luring," a felony punishable by up to seven years in prison.

We must also address the problem of recidivism. Sex offenders are extremely likely to strike again, if given the chance. Another Task Force proposal would establish "continued confinement" for the most dangerous offenders. Under this concept, judges could remand high-risk sexual predators to secure mental institutions after prison if they still pose a threat. Keeping those most likely to strike again off the streets is the best way to prevent them from doing so. The U.S. Supreme Court has found this practice to be Constitutional, and it has been effective in other states.

Other proposals include measures that would prevent convicted pedophiles from living within 1,000 feet of a school or working closely with children; make it easier for schools to spread Megan's Law information; and address plea bargain and bail issues.

The Sex Offender Registry is a good first step, but awareness only goes so far. Measures based on our Task Force findings will go beyond Megan's Law to further ensure the safety of New York's children. They will be part of a sweeping legislative package due to be introduced early in 2004.

*Assemblyman Andrew Raia represents the 9th Assembly District in New York State. He is also a member of the Perspectives On Youth Advisory Board. To read Assemblyman Raia's biography, you can click here.