Posted on Mon, Jun. 23, 2003


Court to decide if juveniles belong on sex offender list


Staff Writer

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.


Reach Brundrett at (803) 771-8484 or rbrundrett@thestate.com.




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