Megan's Law Database Disclosure
Required in all California residential real estate transactions involving one-to-four dwelling units, pursuant to California Civil Code §2079.10a.
Statutory Notice
"Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which the offender resides."
The language above is the exact statutory notice required by California Civil Code §2079.10a.
Background
California's Megan's Law, codified in Penal Code §290.46, requires the Department of Justice to make certain information about registered sex offenders available to the public. The law is named after Megan Kanka, a seven-year-old assaulted and murdered in 1994 by a registered offender living in her neighborhood.
Information Available
The searchable database at www.meganslaw.ca.gov allows the public to search by name, ZIP code, city, county, or radius. The level of detail depends on the offender's criminal history:
- Full address disclosure for offenders convicted of certain serious or violent sexual offenses.
- Community-level disclosure (community and ZIP code) for other registered offenders.
- Details provided: name, aliases, photograph, physical description, offense type, and conditions of supervision.
Obligations in Real Estate Transactions
Once the statutory notice is delivered, the seller, landlord, or broker is not required to provide any additional information about the proximity of registered offenders. Agents are not required to search the database on a client's behalf — the responsibility to search rests with the buyer.
For Buyers
- The database is updated regularly, but the presence of offenders in an area can change at any time.
- Search www.meganslaw.ca.gov directly for the most current information about the area around a property.
- Misuse of the information to threaten, intimidate, or harass is a criminal offense under Penal Code §290.46(l).
Bottom Line
Delivering the exact statutory notice satisfies the seller's and broker's disclosure obligation. Buyers who want specifics should search the Department of Justice database themselves at www.meganslaw.ca.gov.