Youth sexual offending

Question 1

Megan’s law

Answer 1

-Requires sex offenders who are convicted, adjudicated delinquent, or found not guilty by reason of insanity to register with local law enforcement agencies for the rest of their lives
-Notification information includes:
-Picture
-Physical description of offender
-Description of offense
-Name of offender’s employment or schooling
-Description and license plate # of their vehicle

Question 2

Sex Offender Legislation

Answer 2

-States vary widely in what is required for registration, including:
-The types of sex offenses included
-Type of offender information required
-Duration of registration required (can
be 10 years to life)
-It also does not specify the conditions under which it would be necessary to protect the public and who to notify (e.g., only at-risk persons or public at large)

Question 3

Criticisms of Registration & Notification Statutes

Answer 3

-Officers don’t have the resources to enforce it
-Effectiveness is unknown
-Lulls public into false sense of security
-Stress and pressure from the media and public could lead sex offenders to recidivate
-Some registries fail to differentiate the
severity of offense
-Registered sex offenders might
become the targets of harassment

Question 4

Some have challenged the
constitutionality of the laws, under:

Answer 4

-8th Amendment – Cruel and unusual punishment
-5th Amendment – Double Jeopardy
Clause
-14th Amendment – Right to privacy

Question 5

Treatment of JSOs

Answer 5

-Potential benefits of early intervention and treatment should take on added significance for youth since adolescence is seen as a time of development
-Popular treatment programs include:
-Intensive family-based interventions
-Cognitive-behavioral therapies with
relapse prevention
-Pharmacological intervention
(antiandrogen drugs, antidepressants
to control sexual urges)

Question 5

Megan’s Law in Juvenile Court

Answer 5

-Can include minor offenses
-The juvenile court is supposed to protect youth, but public notification of JSOs may result in physical and emotional harm to the youth
-These statutes are problematic
because:
-Juveniles do not have the same rights
as adults (think back to week 1!)
-Juveniles do no enjoy all the
procedural safeguards extended to
adults but are still subject to the same
registration and notification laws
-Public disclosure of JSOs may hamper
rehabilitation effects:
-Social ostracism at school, changing
schools to avoid ridicule, etc

Question 6

Risk & Recidivism of JSOs

Answer 6

-Unfortunately, few data are available on the recidivism rates of JSOs
-Yet, many legislators seem to consider
them untreatable and dangerous

Question 7

Registry in Michigan -Juveniles

Answer 7

-No one under the age of 14 will be placed on the sex offender
registry
-Youth aged 14-17 are only required to register if they are adjudicated for a
“Tier 3 offense” under SORA, which are the most serious offenses
-The registration is for lifetime, but it only on the non-public sex offender
registry unless the juvenile is convicted of criminal sexual conduct (CSC) as
an adult
-The age of consent for sexual activity in Michigan is 16 years old
-“Romeo and Juliet Law”: where a person under 18 years old who has “consensual”
penetrative intercourse with an individual aged 13 to 16 and is within 4 years of age of the victim would not be
required to register if convicted

Question 8

Tier 3 Offenses include:

Answer 8

-Gross Indecency (where the victim is less-than 13 years old)
-Criminal Sexual Conduct 1st Degree
-Criminal Sexual Conduct 2nd Degree (where the victim is less-than 13 years old)
-Criminal Sexual Conduct 3rd Degree
-Assault With Intent to Commit CSC Involving Sexual Penetration
-Assault With Intent to Commit CSC in the 2nd Degree (where the victim is less-than 13 years old)
-Kidnapping; Unlawful Imprisonment

Question 9

There have been a number of updates
to the registry in the last 5 years
including:

Answer 9

-New legislation in 2021 include the
following updates:
-Eliminates school safety zones (i.e.,
rule that bans an offender from living
within 1,000ft of a school)
-Now offenders can be removed from
the registry if their record is expunged
-Just this month, a court ruled that parts of Michigan’s sex offender registration act is unconstitutional

Question 10

Recidivism rates for youth (generally ranging from ____) are ____ than for adults (generally ranging
from ____)

Answer 10

-8-12%
-Lower
-20-40%