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Juveniles on the Sex Offender Registry



In case you haven't seen it, this month a 19 year old boy from Elkhart, IN has been making a big stink on the internet about having to register as a sex offender on the public registry in Michigan and Indiana. He was charged with a misdemeanor for having consensual sex with a minor. The minor, age 14, pretended to be 17 - and even admitted it in court. The judge that ruled him guilty has Zach Anderson registering on the SOR for 25 years and 5 years of probation. No cellphone, no walking near schools and Zach cannot live with his parents because of a younger sibling. As of August 5th, the judge is reconsidering his sentencing because of all the attention it has received in social media. http://www.hngn.com/articles/116156/20150805/zach-anderson-app-lands-teen-on-sex-offender-registry.htm

A few very valid points has been brought up thru his whole ordeal. Should children or "teens" be trialed as adults and put on the sex offender registry? Many people think this is wasting time and money put into something that is pointless. How likely is it that a teenager in Mr. Anderson's position will re-offend within 25 years? Both you and I probably think none. But isn't that a hard pill to swallow? After 25 years of registering, it's a pretty strong guess that he will not reoffend. But is 25 years too harsh? It can hold him back from getting a job, making a life for himself or even starting a family. And all for what, something he did foolishly as a child?

We took it to Facebook and asked the public, this was their responses: "I feel terrible for this boy. When I was a young teenager, It probably wouldn't been out of the question that I would have lied about my age, without realizing the consequences. He didn't do anything wrong. It's obvious that this wasn't an evil thing. He's not a risk to others, the judge should have seen that." - Sarah M.

"Teenager mistake, with no opportunity to recover. The girl lied. Sad for both of them. Parents need to acknowledge our kids aren't perfect, and neither were we. As long as no other history or concerns with this young man, I think he deserves counseling and opportunity to redeem himself. And more so, the girl needs counseling and supervision" - Beth T.

"Our system needs tweaked. This is not fair. Shame on the girl, how is the boy supposed to know any different? Hopefully he appeals his conviction and gets it overturned." - Amanda R.

"Choice #1 - Ruin a young man's life because a judge wants to make an example of him. Punish the guy for the "sins of many" (for what the judge believes is a societal problem). Judge on a power trip gets to play morality police.
Choice #2: Maybe use some common sense (and common decency) by considering each situation on a case by case basis. The guy was clearly tricked; even the girl and her parents don't think he should be labeled a sex offender.
Sex offender laws are simultaneously vital and a complete joke, thanks to people like this disgraceful, agenda-driven judge." - Joe B.

What is the long term effect that registering at such a young age will have on today's youth? http://www.usatoday.com/story/news/nation/2013/05/01/sex-offender-registries/2125699/

What's your opinion on the whole thing? Chime in now on Facebook and let us know!

May 2011

The new requirements placed on juveniles under the Sex Offender Registration and Notification Act (SORNA) are among the most controversial of the Act. SORNA is a portion of the Adam Walsh Child Protection Act, signed into law in 2006. States will lose 10 percent of the federal Byrne Justice Assistance Grant if they are not in compliance by July 27, 2011. SORNA requires juveniles at least 14 years of age adjudicated delinquent for a crime comparable to or more severe than an aggravated sexual abuse crime as defined in federal law to register as sex offenders.

When comparing current juvenile sex offender registry laws with what is required under the Act, at least 37 states have statutory law requiring sex offender registration of some juveniles adjudicated delinquent for qualifying offenses. Those states are: Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, Wisconsin and Wyoming. Among these states, approximately ten require registration if the juvenile is determined to have committed a specified sex offense, generally including violent sex offenses, sex offenses against children, and kidnapping. Existing laws would meet the juvenile requirements under SORNA. Of these states, seven have been found to be compliant with the Act in its entirety (Delaware, Florida, Michigan, Nevada, Ohio, South Dakota and Wyoming); these states' registries are obviously OK under SORNA. In at least 27 states and one territory, sex offender registration law requires that juvenile adjudicated delinquent must register if they commit a sex offense for which an adult in the same jurisdiction would be required to register. These states could possibly meet SORNA requirements. Ten other states (Arizona, Indiana, Massachusetts, North Carolina, Oklahoma, Rhode Island, Utah, Virginia, Washington and Wisconsin) give courts discretion to weigh fact-specific circumstances to determine whether registration will be required of an adjudicated juvenile. Offense alone would not automatically trigger registration requirement and courts are allowed to determine if circumstances specific to the young person and the case make registration necessary in the public interest. These provisions would likely be a barrier to the SORNA juvenile provisions required of states.

A total of fifteen jurisdictions, (Alaska, Connecticut, Georgia, Hawaii, Maine, Nebraska, New Mexico, New York, Pennsylvania, Tennessee, Vermont, West Virginia, District of Columbia, Guam and Puerto Rico) do not require any adjudicated juveniles to register as a sex offender. (While juveniles who are transferred to and convicted in adult court usually are treated as adults also for purposed of sex offender registration.) These jurisdictions would likely face a barrier to compliance unless their laws are changed.

http://www.ncsl.org/research/civil-and-criminal-justice/juvenile-sex-offender-registration-and-sorna.aspx

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