Why Megan's Law Is Getting An F

Tracy Smith Reports On Flaws In Law Meant To Prevent Sex Crimes

(CBS) 
One of the problems is that every state has a different version of Megan's Law. So, say a sex offender is registered in Florida. His address and picture are on the Internet. Then he moves to New York, a state that does risk assessment. If he's deemed low risk, the state doesn't notify anybody.

In Alabama, he can't live near a school; in California, he can live wherever he wants. If he goes to New Hampshire, if he's "responsible," he re-registers, but if he doesn't, it is a misdemeanor, so why bother? Vermont has no Internet registry at all. If he moves in with his cousin in Florida, he disappears.

A total of 22 states don't require active community notification, which means there could be a Web site, but you have to find it. A total of 21 states don't include all offenders on their registries, and all 50 states rely on the offenders to voluntarily register themselves.

Ahearn says, "We are asking on an honor system, the most cunning and devious of all of our criminals to register themeselves with the government so that law enforcement can notify the community of their presence? It's ludicrous."

And registration isn't in the mindset of a criminal looking to find his next victim. Jake Goldenflame, author of Overcoming Sexual Terrorism, is a convicted sex offender and knows how overwhelming the desire to re-offend can be.

Goldenflame explains, "We medicate our depression with sex, with forbidden sex, because the moment that I decide that I'm not feeling very good today, why don't I get myself a good-looking teen-age boy? Or a little girl, or whatever you're after? The moment you think of that, you start getting high.

"Now the depression vanishes," he continues. You're in the throes of this thing, and it begins to call you forth, and as you pursue your prey, you become more and more intoxicated. It becomes a very intoxicating experience. And then afterwards, after the sex act is over, it all comes crashing down: 'Oh, my God! What have I done?' The paranoia comes in: 'They'll kill me.' "

So there's no thought of, "This is a child."

Goldenflame, who has received treatment and has not re-offended in 14 years; supports the law.

"Megan's Law is a good law because the public has a right to know who we are," he says,"Megan's Law is not there to keep me from re-offending. Megan's Law is there so that you can keep me from re-offending by knowing who I am, keeping your eyes on me."

But that can only work if the community is notified and updated. There are 550,000 convicted sex offenders in the U.S. At least 24 percent are unaccounted for.

Ahearn says, "If I were a sex offender and I wanted to abscond, all you have to do is do it."

That's a truth too stark for Mark Lunsford, who helped to strengthen Megan's Law in Florida, making the sentencing tougher.

He will continue to fight, with the voice of his daughter, Jessica, in his ear.

He says, "She sees me get mad over things, and she tells me to be nice daddy."

What would she say about the work he is doing?

"She'd be proud of me," Lunsford says, "I know that."