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JUVENILE SEX LAW


Adam Walsh Law

Recently passed federal law
defines sex offenders to include juveniles 14 and over who are, or who have ever been, convicted or adjudicated for consensual sexual contact with another juvenile who is under 13, or who is more than 4 years younger than themselves. In order for states to receive full federal funding for law enforcement efforts, they are required to do the following to all such juveniles, as well as those convicted or adjudicated for non-consensual sexual behavior:
  • include them in a new national public registry of sex offenders
  • require them to produce a DNA sample
  • subject them to electronic monitoring for the duration of their supervised release
  • include them on the public registry and monitor them electronically for the rest of their lives if the violation is/was a second offense or if the other juvenile or victim is/was under 12.

Under threat of losing funding, most states are currently working to bring their laws into complicance with these provisions.

Public registration and community notification of  juveniles who violate sex laws


The table below reflects state laws (as of September 2007) regarding the registration and community notification of juvenile who violate sex laws.

Source: Coalition for Juvenile Justice and Texas Council on Sex Offender Treatment

STATE

JUVENILE REGISTRATION

MINIMUM
AGE OF REGISTRATION

JUVENILE COMMUNITY NOTIFICATION

TERMINATION OF JUVENILE REGISTRATION (Procedures or age limits of duty to register ranges from 18-21 years of age)

Alabama

Yes

No

No public notification unless court ordered.

Yes, 10 years at 21 years old transfers to adult registry but confidential

Alaska

No, unless convicted as an adult

No

No

No

Arkansas

Yes and have separate registration laws

No

Yes

Yes, juvenile can petition the court at any time and also at age 21.

Arizona

Yes, juveniles who commit sex crimes and are sentenced under the predicated offense that require registration must register

No

No

Yes, at age 18 if offender completes probation and was under 18 at the time of the offense.

Colorado

Yes

No

Yes, some repeat offenders are on the public website

Juveniles under 18 can petition for removal upon successful completion of and discharge from the sentence.

STATE
JUVENILE REGISTRATION
MINIMUM AGE OF REGISTRATION
COMMUNITY NOTIFICATION
TERMINATION OF REGISTRATION

California

Yes.  In order to be relieved of this requirement, juveniles adjudicated in juvenile court may petition to have their record sealed;

No

Yes, public notification is applicable regardless of age.

No

Connecticut

Yes

No

No

No

Delaware

Yes

No

No

No

District of Columbia

No

No

No

No

Florida

None unless the minor is sentenced as an adult. Pending legislation that will require registration for adjudications of delinquency for certain offenses if the offender is 14 or older at the time

No

No

No

Georgia

No

No

No

No

Hawaii

No, unless a juvenile is waived by the Family Court to Circuit Court to be tried and convicted as an adult..

No

No

No

Idaho

Yes, on a separate non public registry

Only applies to juveniles 14 years and older

No

Yes, at age 21 the prosecutor moved to the adult registry

Illinois

Yes

Yes, but kept private unless police determine a threat

No

Yes

STATE
JUVENILE REGISTRATION
MINIMUM AGE OF REGISTRATION
COMMUNITY NOTIFICATION
TERMINATION OF REGISTRATION

Indiana

Yes, if over 14 years old and likely to repeat.

Yes, only applies to juveniles who were at least 14 years old and found by the court by clear and convincing evidence to be repeat offenders

Yes

Yes

Iowa

Yes, unless the court determines there is not a need.

No

Yes

No

Kansas

Yes and have separate registration laws

No

No

Yes, until age 18 or 5 years from the date of adjudication date whichever is later

Kentucky

No

No

Yes

No

Louisiana

Yes, limited

No

No

No

Maryland

No

No

No

No

Michigan

Yes

No

No

No

Massachusetts

Yes

No

Yes

No

Montana

Judge determines the need based on information from the probation officer and sex offender treatment provider and have separate registration laws 

No

No

No

Minnesota

Yes

No

No, unless there is a violation of registry

Yes

Missouri

Yes and have separate registration laws

No

No

Yes, until age 21

Mississippi

Yes

No

Yes

Yes

STATE
JUVENILE REGISTRATION
MINIMUM AGE OF REGISTRATION
COMMUNITY NOTIFICATION
TERMINATION OF REGISTRATION

North Carolina

Yes and have separate registration laws

Only applies to juveniles who are at least 11 years old at the time of the offense and found by the court to be a danger to the community

Yes, for law enforcement only. No public access.

Yes

North Dakota

Yes but only those over age 7 and deemed criminally culpable

No

No

No

New Mexico

No

No

No

No

New Jersey

Yes, juveniles can be transferred to adult courts at age 14

No

Yes, law enforcement discretion to distribute

Yes

New York

No

No

No

No

Nebraska

No, unless convicted as an adult

No

No

Yes, at 21 a hearing is held to determine status

Nevada

Yes

No

No

Yes

Ohio

Yes, 14 to 17 years old w/previous offense and only if determined by a judge.

Only applies to juveniles 14 years and older

Yes, non-public

Yes at age 21 or may petition for reclassification after  3 and 5 years.

Oklahoma

Yes and have separate registration laws

Only applies to juveniles 14 years and older an is a threat

No, unless pursuant to a court order

 

Oregon

Yes

No

Yes, under supervision and deemed a threat

Yes, may petition for release after 2 years

STATE
JUVENILE REGISTRATION
MINIMUM AGE OF REGISTRATION
COMMUNITY NOTIFICATION
TERMINATION OF REGISTRATION

Pennsylvania

No

No

No

No

Rhode Island

Yes, under in 18 in the case of 1st degree sexual assault, and 1st degree child molestation.

No

Unknown

Yes. If the court makes a finding that the conduct is criminal only because of the age of the victim, the court has the discretion to order the juvenile to register as a sex offender as long as the court deems it appropriate.

South Carolina

Yes, though some confidentiality protections for 1st time offenders 12 and younger

Yes

Yes, upon application information may be released to selected individuals or agencies including age 11 or under if there is a prior conviction or adjudication

No

South Dakota

Yes, for juveniles over 15 years old

Yes

Yes

Yes, juveniles who fit the criteria may petition for removal from the registry after 10 years

Tennessee     

No

No

No

No

Texas

Yes

No

Yes

Yes, The court may defer registration requirements or de-register a juvenile

STATE
JUVENILE REGISTRATION
MINIMUM AGE OF REGISTRATION
COMMUNITY NOTIFICATION
TERMINATION OF REGISTRATION

Utah

Yes, juveniles required to register  and who commit a subsequent offense as an adult are subject to lifetime registration

No

No

No

Vermont

No

No

Yes, public information but not posted

No

 

 

Virginia

Yes, any juvenile tried and convicted in the circuit court of one of the offenses requiring registration where the offender is older than 13 years old at the time of the offense the court may require registration

Yes

Yes

No

Washington

Yes

No

Yes

Yes,  juveniles < 15 may petition after 2 years

West Virginia

No

No

No

No

 

Wisconsin

Yes and have separate registration laws

No

Yes

No

Wyoming

No

No

No

No