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Pennsylvania court throws out child sex-offender registration

HARRISBURG (AP) Pennsylvania's highest court ruled on Monday against lifetime registration for juvenile sex offenders, saying the law was unconstitutional because it did not give them the ability to challenge a presumption they would likely reoffend.

The Supreme Court ruled 5-1 against the provision of the Sex Offender Registration and Notification Act that applies to more serious sex offenses committed by older juveniles. At the heart of the case was the court's finding that the registration represented an "irrebuttable presumption" that violated the defendants' due process rights."We agree with the juveniles that (the law)'s registration requirements improperly brand all juvenile offenders' reputations with an indelible mark of a dangerous recidivist, even though the irrebuttable presumption linking adjudication of specified offenses with a high likelihood of recidivating is not 'universally true,'" Justice Max Baer wrote for the majority.Baer reviewed research showing much lower rates of recidivism for juvenile sex offenders, compared to adults, and concluded that "the vast majority of juvenile offenders are unlikely to recidivate."Marsha Levick with the Juvenile Law Center, which represented the defendants, called the decision a great victory for children who have been wrongly affected by the law. She was uncertain how many juveniles have registered in the state, but said it may be fewer than 100."It means the state can't register juveniles," Levick said. "Any juveniles that have been registered should be removed from the registry."In a lone dissent, Justice Corry Stevens said the Legislature saw the need to require the registration, and the constitution does not require the justices to substitute their judgment for that of lawmakers."The adjudicated delinquent sex offender's 'right to reputation' under such circumstances should not have precedence over a rape victim's anguish that may well last a lifetime," Stevens wrote.The case involved seven juveniles whose registration was thrown out by a York County judge in November 2013.Juveniles who were at least 14 when the offense occurred have been required to register for life which can be reduced to 25 years if adjudicated delinquent of rape, aggravated indecent assault or involuntary deviate sexual intercourse.