The S.C. Supreme Court on Tuesdaywill consider whether juveniles
convicted of sex offenses should be listed on the state's sex
offender registry.
A Richland County boy --identified as "Ronnie A" in court papers
-- claims the state law requiring him to be registered as a sex
offender for life violates his constitutional rights.
Being on the registry is too harsh a punishment because it will
remain on his record into adulthood, court papers said.
In August 2001, Ronnie A pleaded guilty in Family Court to
first-degree criminal sexual conduct with a minor for having sexual
relations with his 6-year-old sister when he was 9 years old, court
papers said. He was placed on two years probation.
The S.C. Attorney General's Office says the registry is needed to
protect the public against sexual predators.
In court papers, the state said the boy was expelled from school
for inappropriate sexual behavior with a teacher, "touching little
girls, and things of that nature."
The state contends Ronnie A probably will not be stigmatized by
the registry listing because names of offenders under 12 are kept
secret from the public in most cases.
State lawyers also will argue Ronnie A's appeal has not been
properly brought before the court, which would bar the justices from
considering whether the boy's constitutional rights were
violated.
The five justices will issue their ruling later.
The problem with sex offender registries is they typically exist
long after offenders have served their sentences, said
DenyseWilliams, executive director of the American Civil Liberties
Union of South Carolina.
"It runs into cruel and unusual punishment," said Williams, who
is a lawyer.
The ACLU is fighting sex offender registry laws in two cases
before the U.S. Supreme Court, she said.
Karen Fryar, chief Family Court solicitor for Richland and
Kershaw counties, said the public has a right to know about
juveniles who have committed serious sexual offenses.
"If my kid is playing outside, and I suspect this other kid, I
should be able to look it up," she said last week.
Fryar would not discuss specifics of the case. Harold Coombs Jr.,
a senior assistant state attorney general, will argue the case. He
would not comment.
Ronnie A's lawyer, Wanda Haile, a senior assistant defender in
the S.C. Office of Appellate Defense, couldn't be reached.
South Carolina's sex offender registry was started in 1994 but
didn't become available to the public online until 1999. It is on
the State Law Enforcement Division's Web site at http://www.sled.state.sc.us/.
As of last week, 6,650 offenders were on the registry, 586 of
whom are juveniles under 17, SLED records show.
Of the juvenile offenders, 207 are kept on a separate list
available only to victims or witnesses in their case, schools,
day-care centers and businesses or organizations that primarily
serve children, women or vulnerable adults, SLED records show.
In those cases, the juveniles either are under age 12, or are 12
to 16 years old but committed less serious offenses such as indecent
exposure, SLED said.
Under state law, juveniles ages 12 to 16 convicted of serious
sexual offenses, such as first- or second-degree criminal sexual
conduct, are put on the public list.
Children under age 12 aren't put on the public list unless they
have a prior sexual offense conviction.