Realtors' Corner: Megan's Law [03/19/2005]

By Loren C. Davis

A lot of media coverage lately has been dedicated to sexual abuse of children. Many people have the attitude that there is no reason for concern, living in the Mount Washington Valley or Western Maine. Nothing could be farther from the truth.Megans Law is named for Megan Kanka, who had been raped and murdered in the early 1990s in New Jersey. The perpetrator of this crime was a convicted child sex offender who happened to move in across the street from Megans family. Mr. and Mrs. Kanka led a crusade in New Jersey to pass a registration and notification law. That happened in 1994 and was followed by Congress passing an amendment to the Jacob Wettering Crimes Against Children Act. The law authorizes local law enforcement agencies to notify the public concerning convicted sex offenders who live, work, or visit their communities. In fact, the federal law requires all states to establish a notification system to warn the public of sex offenders released into local communities. It has been a long-standing concern of therapists working with sex offenders that their particular type of behavior is among the most difficult to change and the victims are among the most vulnerable. Megans Law took effect in New Hampshire on Jan. 1, 1999, and requires convicted sex offenders to register with local police departments shortly after establishing residency in an area. The names and residence locations are then added to the states list that is made available to the public. The list may be accessed through the Internet site of the N.H. Department of Safety/State Police (www.state.nh.us/safety/nhsp). Click on Offenders against Children." There is a warning and disclaimer on the site that pertains to the list. One may search by name, address, town, and zip code. In checking the site for this article, I found eight names for Conway and North Conway.One of the criticisms of the law is that it is not foolproof. An offender who is required to register in one state may move to another state in which registration may not be required depending on the specific crime committed. Some individuals may move frequently or may not register. Also, there are individuals who may be dangerous who havent been charged with a crime or convicted.For home buyers, I recommend including a contingency in the sales contract that the buyers have a period of time in which to check the list under Megans Law for potentially dangerous individuals in the neighborhood. Although the list of services provided by Realtors seems almost endless, this is one item that should be handled by the buyers themselves, because no states list is all-encompassing. There is plenty of unwelcome liability awaiting any real estate agent who gives a family the all-clear signal for a particular neighborhood. A home buyers due diligence is not limited to checking the Megans Law list, but also visiting the property location during different times of the day to observe traffic, noise, smoke, and other environmental factors that may affect ones quiet enjoyment of a new home. Even the most tranquil setting may be marred by snowmobile, ATV, airplane, and boat traffic during various times of the year.Loren C. Davis is owner and founder of Buyer Representatives of Northern New England. He has been a member of the White Mountain Board of Realtors for 12 years and has practiced Exclusive Buyer Agency since 1997. He is past president of the N.H. Association of Exclusive Buyer Agents and has earned the coveted Accredited Buyer Representative (ABR), Graduate Realtors Institute (GRI), and the Graduate Buyer Representative (GBR) designations. He may be reached at (603) 447-1329, (800) 741-5091, or www.BuyerRepNNE.com.