A Florida Objection to the Adam Walsh Act

Offender list requirement not fair for young teens
8-15-2007 Florida

ISSUE: State law now requires young teens convicted of sex crimes to register as offenders.

A 14-year-old experimenting with sex does not have either the culpability or the awareness of his actions that a 30-year-old convicted of rape does.

And yet, thanks to lawmakers' misguided efforts, both would now find themselves condemned to the same fate: their name inscribed for perpetuity on the state's public registry of sex offenders. For youths, that means a moment of indiscretion, even a lewd prank that speaks more to immaturity than predatory behavior, could follow them around for life, forever limiting their living arrangements, college aspirations and job prospects.

That's the lunacy behind a particularly troublesome state law that went into effect July 1. Passed unanimously by the Florida Legislature, it is required in large measure for compliance under the Adam Walsh Act, especially if the state wants to qualify for millions in federal dollars.

Its provisions require that children 14 and older who engage in genital, anal or oral-genital contact with children younger than 12 be listed on community notification registries, which alert the public to the names, addresses and other identifying information of convicted sex offenders and predators.

Sounds reasonable, in theory. Except that when you're dealing with minors, nothing is as cut and dry as it sounds.

That's why the juvenile court system was created, and why its proceedings and records are kept from public view: It recognizes the maturity level of its clients and their broad propensity for rehabilitation. Those who commit more serious crimes are charged in adult court, subject to adult sentences.

The registry requirement deals a setback to that established hierarchy, essentially mandating an adult sanction on a juvenile crime — one that was prosecuted behind closed doors and without input from a jury. The seriousness of the penalty also may discourage parents from reporting troubling behavior, especially when a registry listing restricts where the whole family can live.

With the law already on the books and in effect, defense attorneys should follow their instincts and challenge its constitutionality. Lawmakers are right to deal seriously with sex crimes, even by minors. But this penalty goes way beyond reason or fairness.

BOTTOM LINE: Challenge its constitutionality.

South Florida Sun-Sentinel Editorial Board