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SUMMARY: At present, a juvenile who makes a mistake by committing what is many times consensual yourthful sexual activity or other times a minor sex abuse act can be branded for years with the stigma associated with registering on the sex offender registry. This bill recognizes that there are some sex crimes that minors make that should not result in their presence on the sex offender registry, and it leaves the discretion with the judge to determine whether or not mitigating variables warrant a minor being on the sex offender registry or not.
An Act removing youthful offenders and juveniles from the definition of sex offender
SECTION 1. Section 178C of chapter 6 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the definition of “sex offender” and inserting in place thereof the following definition:-
“Sex offender”, a person who resides, has secondary addresses, works or attends an institution of higher learning in the commonwealth and who has been convicted of a sex offense or a person released from incarceration or parole or probation supervision for such a conviction or a person who has been adjudicated a sexually dangerous person under section 14 of chapter 123A, as in force at the time of adjudication, or a person released from civil commitment pursuant to section 9 of said chapter 123A, whichever last occurs, on or after August 1, 1981.
SECTION 2. Said section 178C of said chapter 6, as so appearing, is hereby further amended by striking out the definition of “sexually violent predator” and inserting in place thereof the following definition:-
“Sexually violent predator”, a person who has been convicted of a sexually violent offense, or a person released from incarceration, parole, probation supervision or commitment under chapter 123A for such a conviction or, whichever last occurs, on or after August 1, 1981, and who suffers from a mental abnormality or personality disorder that makes such person likely to engage in predatory sexually violent offenses.
SECTION 3. Section 178E of said chapter 6, as so appearing, is hereby amended by striking out, in lines 90 to 92, inclusive, and in lines 151 and 152, the words “or adjudication as a youthful offender or as a delinquent juvenile by reason of a sex offense”.
SECTION 4. Said section 178E of said chapter 6, as so appearing, is hereby amended by striking out, in lines 134 and 135, the words “or adjudication of delinquent or as a youthful offender”.
SECTION 5. Section 178K of said chapter 6, as so appearing, is hereby amended by striking out, in lines 255 and 256, the words “or adjudicated as a delinquent juvenile or as a youthful offender”.
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