Ensure that Youth are Not Treated as Adult Sex Offenders

APA Public Interest Policy Office: February 7, 2006

We need your help to ensure that certain provisions affecting juvenile sex offenders are removed from the Children's Safety and Violent Crime Reduction Act of 2005 (H.R. 4472). The bill is expected to be debated by the House Judiciary Committee soon. Please call your member in the House of Representatives TODAY to educate them about the devastating impact these provisions will have on the lives of many children and youth.

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BACKGROUND

On December 8, 2005, Representative Jim Sensenbrenner (R-WI), Chairman of the House Judiciary Committee, introduced the Children's Safety and Violent Crime Reduction Act of 2005 (H.R. 4472). This bill includes several troublesome provisions, including:

* Labeling both adults and juveniles who commit a sexual offense against a minor as a “child predator”;

* Placing individuals – including a youth who has been adjudicated for a sexual offense against another youth – on the National Sexual Offender Registry, for life;

* Requiring disclosure of information about a sexual offender to all schools in the area of the offender's residence or employment, as well as where he or she attends school. This includes all persons who were juveniles at the time of the offense;

* Requiring that a juvenile sex offender register on the National Sexual Offender Registry four times a year, for life. This information is made public on the Internet; and

* Subjects a juvenile sex offender to community notification of their sex offender label.

This legislation is ill-advised, since decades of research demonstrate that there are critical differences between youth who sexually abuse younger children and adult sex offenders. Research has consistently shown that the majority of children and teenagers adjudicated for sex crimes do not become adult sex offenders.

Childhood and adolescent sexual offending is different from adult sexual offending in its motivation, nature, extent, and response to intervention. These important distinctions have been reported by panels commissioned by the U.S. Department of Justice, by public information resources, including the Center for Sex Offender Management, the National Center on the Sexual Behavior of Youth, and by professional and research organizations. Yet, current House legislation subjects both juvenile and adult sex offenders to the same provisions.

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SENATE ACTION SETS FAVORABLE PRECEDENT

On October 10, 2005, the Senate Judiciary Committee passed the Sex Offender Registration and Notification Act (S. 1086). During the committee review, Senator Patrick Leahy (D-VT) offered an amendment excluding adjudicated juveniles from the legislation. The amendment was adopted by the committee. The bill is now pending action by the full Senate.

It is imperative that the House likewise exclude adjudicated juveniles from H.R 4472. To ensure that this happens, your members of Congress must hear from you to understand the importance of making this change.

To contact your U.S. Representative, enter your zip in the box provided for the phone number to call and a sample phone script.

SAMPLE PHONE SCRIPT

As a constituent of Representative ______________, I am calling regarding the Children’s Safety and Violent Crime Reduction Act of 2005 (H.R. 4472). This bill contains several provisions that--if enacted into law--would be very harmful for many young people. For instance, the bill labels any individual—without distinguishing between adults and juveniles—who has committed a sexual offense against a minor, as a “child predator.” Under the legislation, many juveniles who have been adjudicated with a sexual offense would be placed on the public sexual offender registry for life.

I strongly urge the Representative’s support for excluding adjudicated juveniles from this legislation. Such an action was recently taken by the Senate Judiciary Committee. Research demonstrates that the majority of children and adolescents who are adjudicated for sexual offenses do not go on to become adult sex offenders. Subjecting child offenders to the same treatment as adult offenders would unnecessarily label them for life as child predators. Please encourage the Representative to prevent this from happening by ensuring that provisions affecting adjudicated juveniles are removed from the legislation.

I appreciate the Representative’s consideration of this important request.

Please contact Annie Toro in APA's Public Policy Office at (202) 336-6068. Thank you in advance for your assistance in this effort.