Are juvenile sex offenders covered under the Adam Walsh Child Protection and Safety Act of 2006?

On July 27, 2006, the Adam Walsh Child Protection and Safety Act of 2006 was signed into law. Among other things, this federal law creates a National Sex Offender Registry. Specified juvenile sex offenders are covered under the Sex Offender Registration and Notification sections of the Act. Under the definitions section of the Act, the term “convicted,” used with respect to a sex offense, includes juveniles (14 or older at time of offense) adjudicated delinquent for specified sex offenses. States have several years in which to become compliant with the federal law.

Szymanski, L. Megan’s Law: Juvenile Sex Offender Registration Lower Age Limits. NCJJ Snapshot 11(8). Pittsburgh, PA: National Center for Juvenile Justice, 2006.

Of the 36 states that permit or require juveniles to register as sex offenders, 8 states set a lower age limit for juvenile sex offender registration. North Carolina sets the lower age at 11. Virginia sets the age at 13. Idaho, Indiana, New Mexico, Ohio, and Oklahoma set the age at 14. South Dakota sets the age at 15.

Szymanski, L. Megan’s Law: Juvenile Sex Offender Registration Lower Age Limits. NCJJ Snapshot 11(8). Pittsburgh, PA: National Center for Juvenile Justice, 2006.

Can juveniles be excluded from sex offender registration by other state statutes?

An additional 9 states of the 36 that register adjudicated juveniles, have a statutory lower age of juvenile court jurisdiction. In Massachusetts, this age is 7. The age is 8 in Arizona. Arkansas, Colorado, Kansas, Minnesota, Mississippi, Texas, and Wisconsin set the lower age at 10.

Szymanski, L. Megan’s Law: Juvenile Sex Offender Registration Lower Age Limits. NCJJ Snapshot 11(8). Pittsburgh, PA: National Center for Juvenile Justice, 2006.

Of the 36 states that register adjudicated juveniles do any states set no lower age limit?

The following 19 states that register adjudicated juveniles as sex offenders set no lower age limit: Alabama, California, Connecticut, Delaware, Iowa, Illinois, Michigan, Missouri, Montana, North Dakota, New Hampshire, New Jersey, Nevada, Oregon, Pennsylvania, Rhode Island, South Carolina, Utah, and Washington.

Szymanski, L. Megan’s Law: Juvenile Sex Offender Registration Lower Age Limits. NCJJ Snapshot 11(8). Pittsburgh, PA: National Center for Juvenile Justice, 2006

The following 14 states and the District of Columbia do not register adjudicated juveniles as sex offenders: Alaska, Florida, Georgia, Hawaii, Kentucky, Louisiana, Maryland, Maine, Nebraska, New York, Tennessee, Vermont, West Virginia, and Wyoming.

Szymanski, L. Megan’s Law: Juvenile Sex Offender Registration Lower Age Limits. NCJJ Snapshot 11(8). Pittsburgh, PA: National Center for Juvenile Justice, 2006.

Do any states have judicial discretion procedures concerning juvenile sex offender registration?

Virginia and Washington are examples of states that have unique procedures involving judicial discretion over juvenile sex offender registration.

In 2005, Virginia enacted legislation stating that juveniles adjudicated delinquent are not required to register as sex offenders. However, if the adjudicated juvenile is over age 13 at the time of offense, the prosecuting attorney may file a motion to require the juvenile to register. The court must then decide if the circumstances of the offense require registration, based on the following factors: any use of force, threat or intimidation; age and maturity of both the victim and the offender; difference in ages of victim and offender; nature of relationship between victim and offender; offender’s prior criminal history; any other aggravating or mitigating factors.

In Washington any adjudicated juvenile required to register can petition the court to be relieved of that duty. The court must then consider the nature of the offense and the behavior of the juvenile both before and after adjudication.

If the juvenile was 15 or older at the time of the offense, he or she must show by clear and convincing evidence, that future registration will serve no purpose. If the juvenile is successful, the court has the discretion to relieve the juvenile of the duty to register.
If the juvenile was under age 15 at the time of the offense, he or she must show by a preponderance of the evidence, that future registration will serve no purpose, and that he or she has not been adjudicated of any additional sex offenses for the past 2 years, following adjudication.
In 1998, the Washington legislature added language stating that this procedure does not apply to juveniles prosecuted as adults.

Szymanski, L. Megan’s Law: Juvenile Sex Offender Registration Lower Age Limits. NCJJ Snapshot 11(8). Pittsburgh, PA: National Center for Juvenile Justice, 2006.

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