State supreme court nixes lifetime registration for juvenile sex offenders
A lifetime registration requirement for juvenile sex offenders is unconstitutional, the Pennsylvania Supreme Court recently found.
According to the Morning Call, the 5-1 opinion held that the state’s Sex Offender Registration and Notification Act denies juveniles a chance to prove they are unlikely to commit more sex crimes.
The case involves seven juveniles who are represented by Philadelphia’s Juvenile Law Center. The Dec. 29 opinion (PDF) upholds a lower court ruling.
A presumption that all sex offenders are likely to commit more sex-related crimes is untrue for juveniles, the majority wrote. It also noted that psychological evaluations are required for juvenile sex offenders, so it’s reasonable to include an assessment of whether minor would commit another sex crime.
“As credited by the trial court, studies suggest that many of those who commit sexual offenses as juveniles do so as a result of impulsivity and sexual curiosity, which diminish with rehabilitation and general maturation,” the majority wrote. “While adult sexual offenders have a high likelihood of reoffense, juvenile sexual offenders exhibit low levels of recidivism (between 2-7 percent), which are indistinguishable from the recidivism rates for non-sexual juvenile offenders, who are not subject to registration.”
The Pennsylvania law applies to juveniles who are 14 or older and commit crimes that if committed by an adult would be considered felonies. That includes rape and aggravated indecent assault. Under Pennsylvania law, designation as a juvenile offender mandates inclusion on the National Sexual Offender Registry.
