Retroactive Punishment for Juveniles under the Sex Offender Registration Act Held Unconstitutional – California Penal Code Section 290

In U.S. v. Juvenile Male, the Ninth Circuit Court of Appeals held that it is unconstitutional to require juveniles who had been convicted of a sex crime to be registered offenders.

In a surge of national concern over the commission of sex offenses, particularly those against children, Congress in 2006 enacted the Sex Offender Registration and Notification Act (”SORNA”) and applied its registration and reporting requirements not only to adults but also to juveniles who commit certain serious sex offenses at the age of fourteen years or older. The U.S. Attorney General, exercising authority delegated by Congress, determined that SORNA would apply retroactively to all sex offenders convicted of qualifying offenses before its enactment, including juvenile delinquents. 28 C.F.R. § 72.3 (2007).

SORNA establishes a comprehensive national system for the registration of sex offenders and requires anyone convicted of specified crimes, including aggravated sexual abuse, to register with the national sex offender registry. 42 U.S.C. § 16911(4)(A)(i). SORNA defines convictions to include juvenile delinquency adjudications of aggravated sexual abuse if the offender is fourteen years of age or older at the time of the offense. 42 U.S.C. § 16911(8).

The retroactive application of SORNA’s provision requiring registration and reporting by former juvenile offenders imposes immense burdens, not only through burdensome in-person registration and reporting requirements, but, more important, through the publication and dissemination of highly prejudicial juvenile adjudication records of individuals who have committed no offenses since their adolescence — records that would otherwise remain sealed. For this reason, the Ninth Circuit Court of Appeals concluded that the requirement served more as a punishment than as a comprehensive system to track sex offenders.

The Ninth Circuit Court of Appeals further reasoned that the requirement serves to convert a rehabilitative judicial proceeding, sheltered from the public eye, into a punitive one, exposed for all to see, and with long-lasting substantially adverse and harsh effects. In holding the requirement unconstitutional, the court stated that in some instances, the retroactive implementation of SORNA’s provisions will most certainly wreak havoc upon the lives of those whose conduct as juveniles offended the fundamental values of our society but who, we hope, have been rehabilitated.

Registration as a sex offender is a heavy burden to carry. If you or a loved one has been accused or convicted of a sex offense, it is important that you speak to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of sex crimes. We will defend your rights and fight to get you the best possible result in your case. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.