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91 Calif. L. Rev. 163 (2003)
Coming of Age in America: The Misapplication of Sex-Offender Registration and Community-Notification Laws to Juveniles

handle is hein.journals/calr91 and id is 177 raw text is: Coming of Age in America: The Misapplication of Sex-Offender Registration and Community- Notification Laws to Juveniles Elizabeth Garfinklet Since 1996, every state has enacted legislation requiring certain sex offenders to register with law enforcement and have their personal infor- mation available to the community, often for life (Megan's Laws). Slightly over half of all states require registration and community notifica- tion for juveniles adjudicated delinquent of sex offenses. This inclusion is a marked departure from the traditional juvenile justice system of maintain- ing separate procedures and consequences for juveniles and adults. In treating juveniles like adults under Megan's Laws, states have failed to consider the distinct characteristics of juvenile sex offending, such as the exceptionally low recidivism rate and culpability complications arising from age-of-consent laws. This Comment argues that applying community- notification requirements to juvenile sex offenders is an ineffective tool for preventing future offenses but rather creates new harms for the very chil- dren the laws claim to protect. INTRODUCTION In all fifty states, people convicted of sex offenses and certain crimes against minors are required to register with law enforcement upon release from custody. Since enactment of the federal Megan's Law in 1996, states must implement some form of sex- and child-offender registration and community-notification legislation in order to receive 10% of federal Copyright © 2003 California Law Review, Inc. California Law Review, Inc. (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. t J.D. Candidate, School of Law, University of California, Berkeley (Boalt Hall), 2003. I would like to give special thanks to Professor Franklin Zimring for his inspiration, insight, and wit throughout the many stages of this project. I would also like to thank Donna Maeda, Sarah Abbott, Gabriela Gallegos, and other members of the California Law Review for their time, support, and editorial wisdom in preparing this Comment for publication. This Comment is dedicated to the memory of my mother, Suzi, who understood about kids. 163

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