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17 Wash. U. Global Stud. L. Rev. 181 (2018)
International Megan's Law and the Identifier Provision - An Efficacy Analysis

handle is hein.journals/wasglo17 and id is 187 raw text is: 



   Sex offender laws play an important role in protecting our communities,
deterring sexual  misbehavior,  and  in keeping  an  eye  on  high-risk
individuals. However, as in any law, we want to guarantee the law is well-
directed, proportional, and efficacious. A good problem should be met with
the right solution. The  most recent Congress  has set out to stop sex
trafficking and sex tourism by passing International Megan's Law.
   This note will provide the legal context for International Megan's Law
in three regards: sex offender laws, sex trafficking and tourism laws, and
passport laws. From   there, it will argue International Megan's Law's
passport identifier requirement is not well suited to the aims of the law while
taking an aggressive step away from the usual functions of the passport.
   There  are three problems International Megan's Law faces. First, by
using the passport to communicate things other than purely identificatory
information,  the  United  States  moves   away   from   near-universal
international passport standards which other countries may use as precedent
for improper purposes. Second, the impact of International Megan's Law
only replicates existing policy or creates effects that are better serviced
through alternatives. Third, because International Megan's Law impacts
more  than just offenders likely to engage in sex trafficking or sex tourism,
the law places negative consequences on parties who were not the aim of
the legislation's goals.


   The federal government first legislated sex offender registration in 1994
with the Jacob Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act (hereinafter Wetterling Act).' The Wetterling

   *    Note: there is no expectation by the author that the change in administration ofthe Presidency
will impact this law.
   I.   Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act
§ 170101, 42 U.S.C. § 14071 (1994), repealed by Adam Walsh Child Protection and Safety Act of 2006,
Pub. L. No. 109-248, § 129, 120 Stat. 600-01.


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