Juvenile Sex Offender Registration Requirements of the Adam Walsh Act

1
Juvenile Sex Offender Registration Requirements
of the Adam Walsh Act

• Judge Jean Boyd
• 323rd Family District Court
• 2701 Kimbo Road
• Fort Worth, TX 76111
• 817-838-4620
• jboyd_at_tarrantcounty.com

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Juvenile Registration Requirements of the Adam
Walsh Act Child Protection Safety Act of 2006

• The Sex Offender Registration and Notification
  Act (SORNA)
• http//ojp.usdoj.gov/smart/about.htm

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SORNA

• The Adam Walsh Act was signed into law on July
  27, 2006.
• July 27, 2009 deadline for state implementation
  of SORNA.
• Failure to implement the act will result in a 10
  reduction in Byrne law enforcement grant funding.

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For Adam Walsh to Apply to Juveniles (under
Federal Law)

• Juvenile 14 years or older at the time of the
  offense
• Adjudicated delinquent of an offense comparable
  to or more severe than aggravated sexual abuse as
  defined in 18 U.S.C. 2241, or an attempt or
  conspiracy to commit such an offense.

5
SORNA

• Aggravated sexual abuse is defined in 18 U.S.C.
  2241. State offenses that are comparable to this
  federal offense are those that cover
• Engaging in a sexual act with another by force or
  the threat of serious violence (see 18 U.S.C.
  2241(a))
• Engaging in a sexual act with another by
  rendering unconscious or involuntarily drugging
  the victim (see 18 U.S.C. 2241(b))
• Engaging in a sexual act with a child under the
  age of 12 (see 18 U.S.C. 2241(c)).

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Sexual act includes

• Oral-genital or oral-anal contact
• Any degree of genital or anal penetration, and
• Direct genital touching of a child under the age
  of 16.

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What Texas offenses are comparable to 18 U.S.C.
2241?

• Aggravated Sexual Assault
• Texas Penal Code Section 22.011 (b)(1) the
  actor compels the other person to submit or
  participate by the use of physical force.

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Consensual sexual conduct is not a sex offense

• If the victim was an adult (unless under the
  custodial authority of the offender), or
• The victim was at least 13 years old and offender
  was not more than four (4) years older than the
  victim.

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Aggravated sexual abuse is a Tier III offense

• JUVENILES REGISTER PUBLICLY FOR LIFE
• Juvenile maintaining a clean record for 25 years
  can petition the court no longer to be required
  to register.

10

• Clean record requires
• Not being convicted of any offense for which
  imprisonment of more than one year may be
  imposed
• Not being convicted of any sex offense
• Successfully completing any supervised release,
  probation, and parole and
• Successfully completing an appropriate sex
  offender treatment program certified by a
  jurisdiction or by the Attorney General.

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Registration

• Initial Registration
• Completed before completing a sentence of
  imprisonment with respect to the offense, or
• Not later than three (3) business days after
  being sentenced to a term of probation.
• Subsequent Registration
• Must be updated in person every three (3) months
• Or within three (3) days of a change of name,
  residence, employment, or student status.

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Sex offenders are required to provide the
following information

• Names, including all aliases
• Date of birth, including both actual date of
  birth and any false date(s) of birth used
• All internet identifiers and addresses
• All telephone numbers including both land lines
  and cell phone numbers
• Social Security Number valid and false SSN
  numbers used
• Residence address

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Required Information (continued)

• Other residence information (i.e., where the sex
  offender has a home or habitually lives)
• Temporary lodging information any place staying
  for seven (7) or more days
• Passport and immigration document information
• Employers name and address
• Other employment information such as
  information about normal travel routes or general
  area(s) in which the sex offender works

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Required Information (continued)

• Professional licenses
• School name and address
• Vehicle information and license plate
• Physical description of the sex offender
• Text of the registration offense or offenses
• Criminal history and other criminal justice
  information
• Current photograph

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Required Information (continued)

• Fingerprints and palm prints
• DNA information
• Drivers license or identification card

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• What information must be available through public
  websites?
• Name including all aliases
• Residence, employment, and school address
• License plate number and description of vehicle
• A physical description
• The text of the sex offense(s)
• A current photograph

17

• What information is prohibited from being
  available on public websites?
• Victims identity
• Social Security Number
• Arrests that did not result in conviction, and
• Passport and Immigration document numbers

18
OPTIONAL Exemptions

• Jurisdictions may exempt from public disclosure
• Name of an employer
• Name of an educational institution
• Any other information the Attorney General allows
  to be exempted

19
Additional Registry Information

• The information in a registry must be provided to
  various specified entities and individuals
  including
• National databases
• Law enforcement and supervision agencies
• Any jurisdiction where the sex offender resides,
  is an employee, or is a student

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Additional Registry Information (continued)

• Any agency responsible for conducting
  employment-related background checks under
  Section 3 of the National Child Protection Act of
  1993
• Child Welfare System
• Volunteer organizations in which contact with
  minors might occur
• Any organization, company or individual who
  requests notification

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RETROACTIVE????

• YES

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• 96 of juvenile sex offenders DO NOT recidivate

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Retroactive Registration

• Sex offenders whose predicate convictions predate
  the enactment of SORNA must register if
• They are incarcerated or under supervision,
  either for the predicate sex offense or for some
  other crime
• They are already registered or subject to a
  pre-existing sex offender registration
  requirement under the jurisdictions laws or
• They hereafter re-enter the jurisdictions
  justice system because of conviction for some
  other crime (whether or not a sex offense)

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• Texas has NOT passed a law in compliance with
  Adam Walsh.
• July 27, 2009 DEADLINE for state implementation
  of SORNA.

25

• Adam Walsh Act is
• a floor
• NOT
• a ceiling.

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WHAT WILL TEXAS DO?
27
WHAT CAN YOU DO?
28
Katie McClures negotiating options

• Non-registerable offense (Injury to a Child,
  Indecency with a Child by Exposure)
• Offense Date for Continuing Offenses
• Affirmative Finding on Court Order that
  Respondent was 13 or younger, or that Victim was
  older than 12

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Juvenile Sex Offender Registration Requirements
of the Adam Walsh Act

• Judge Jean Boyd
• 323rd Family District Court
• 2701 Kimbo Road
• Fort Worth, TX 76111
• 817-838-4620
• jboyd_at_tarrantcounty.com