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Plaintiff, a sex offender, sued the City and several police officials, claiming they violated his right to privacy because the pin map of his neighborhood disclosed his street address in violation of Megan's Law. The trial court granted a defense summary judgment. We affirm because the pin map did not disclose plaintiff's address but only his general location-in which he has no constitutionally protected right to privacy.

We also affirm because the pin maps do not violate Megan's Law. Ina seven-year-old New Jersey girl named Megan Kanka was abducted, raped and murdered by a neighbor.

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Megan's family had not known the neighbor had ly been convicted of sex offenses involving young girls. Smith v. Doe U. New Jersey 3rd Cir. Byevery state, the District of Columbia, and the federal government had passed a Megan's Law. Smith, supra, U.

California enacted its Megan's Law in Finally, the Legislature addressed the possibility of misuse of Megan's Law information.

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Section The caller must divulge his or her first name, middle initial, and last name. Fourth, section A person who uses such information to commit a misdemeanor is subject to a fine in addition to other punishment.

Such unauthorized use makes the user liable for actual damages, punitive damages, attorney's fees, or a civil penalty. Megan's Law also authorizes lawsuits for injunctive relief against individuals or groups who misuse the .

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This information, set forth in section Law enforcement may also disclose to additional persons under certain conditions. And disclosure may not identify the sex offender's victim.

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In essence, a high-risk sex offender is a registered sex offender who has been convicted of multiple violent offenses, including at least one violent sex offense as defined in the statute. DOJ is statutorily obligated to continually search the records of sex offender registrations and identify high-risk sex offenders. Four times a year DOJ must send to every police chief and county sheriff, and to other deated law enforcement agencies on request, information identifying high-risk sex offenders.

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Megan's Law defines a high-risk sex offender but does not define a serious sex offender-despite the mention of serious sex offenders in the uncodified preamble. But clearly the preamble contemplates that a serious sex offender is of a class less severe than a high-risk sex offender, especially given the definition of the latter category involving conviction of multiple crimes of violence. Report, supra, at p.

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This case raises questions about the permissible disclosure of a sex offender's address under Megan's Law. Megan's Law only allows the disclosure of the street address of the sex offender in the two limited situations governed by section Thus, if there is no reasonable suspicion that a person is at risk, the street address of a serious sex offender cannot be disclosed. The Fremont Police Department Department maintains a worldwide website at www.

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A map of a given neighborhood will show all schools, libraries, parks and community centers, as well as the general location of the residence of a registered sex offender in relation to those schools, libraries, and parks. The general location is indicated by a colored dot on the map, red for a high-risk offender and purple for a serious offender.

The dot is placed on the street where the sex offender lives, in the block of his residence. The maps do not contain the name, street address, or other information identifying a particular sex offender.

Before it placed the sex-offender pin maps on its website, the Department asked the Attorney General if the maps could be placed on the Internet without violating Megan's Law's limitations on the disclosure of information about sex offenders.

Plaintiff was convicted of Penal Code section He was required to register as a sex offender under Penal Code section He lived in the City of Fremont from May until Apriland registered with the Department as a sex offender.

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Plaintiff was considered a serious sex offender under Megan's Law in light of the Attorney General's definition of that classification. He was classified as such by the DOJ-not by the Department or by defendants.

The Department placed a purple dot on the pin map of plaintiff's neighborhood, near the intersection of Glenmoor and Norris. Plaintiff lived with his parents on Norris Street, near the intersection.

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Plaintiff claims that as a result of the placement of the dot on the pin map, his neighbors learned of his presence and subjected him to harassment and verbal abuse, causing him to move out of his parents' house on April 12, But there is no evidence in the record that any person who may have harassed plaintiff logged on to the Department's website and viewed the pin map of plaintiff's neighborhood. No evidence links the website's format or information as a source of plaintiff's mistreatment.

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He also alleged that the placing of the purple dot on the pin map incorrectly and unlawfully identified him as a serious sex offender. Plaintiff's complaint pled causes of action for violation of civil rights under Civil Code section Defendants moved for summary judgment, arguing inter alia that the pin maps did not violate Megan's Law because they did not identify a sexual offender or disclose his street address-only his general location within the community.

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Defendants also argued it was proper to classify plaintiff as a serious sex offender. Plaintiff opposed the motion, arguing inter alia that the pin maps did more than disclose his general location but disclosed his address, in which he had a constitutionally protected privacy interest.

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He also argued it was improper to deate him a serious sex offender, in part because that term is not defined by California's Megan's Law. At oral argument on the motion, plaintiff clarified that he challenged the pin maps only, not any other Megan's Law program-such as the CD-ROM-administered by the Department. The trial court granted defendants' summary judgment motion. The court ruled that defendants proffered sufficient evidence to show they had not violated Megan's Law, and that plaintiff had failed to create a triable issue of material fact that defendants had violated section We review the grant of summary judgment de novo.

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Buss v. Superior Court 16 Cal. A defendant moving for summary judgment bears the initial burden of showing that one or more elements of a cause of action cannot be established, or that there is a complete defense to the cause of action.

Once this burden is met, the burden shifts to the plaintiff to show that there is a triable issue of material fact as to the cause of action, supported by reference to specific facts and not mere allegations of the pleadings. Code Civ. Atlantic Richfield Co. CalFarm Ins. And we review de novo a question of statutory interpretation.

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Argaman v. Ratan 73 Cal. Plaintiff contends the pin map disclosed his address in violation of Megan's Law, and thus violated his right to privacy under the federal and state constitutions.

We disagree for the following reasons. We need not review the elements of the numerous causes of action pled in plaintiff's complaint.

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This factual predicate is undisputedly false. The pin maps do not identify a sex offender by name or any other personal characteristic, and do not disclose a sex offender's address. Plaintiff does not meaningfully dispute the evidence presented by defendants on this factual issue.

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Moreover, the Department's website depicts pin maps that provide only the general location of a sex offender's residence within an area of the community. Plaintiff's claim that the maps do disclose addresses is not based on a dispute of fact but on a fundamentally flawed interpretation of statutory language. We do not accept plaintiff's distinction between the two terms. Irvine 47 Cal. Up-Right, Inc. Workmen's Comp.

Appeals Bd. Richardson Cal. Not every variation in phraseology in a statute is meant to draw a distinction between two different meanings. The pin maps are essentially little more than visual depictions of the general location of sex offenders. The statutory framework of Megan's Law does not suggest that this type of generalized, nonidentifying information is precluded.

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