United States v. Juvenile Male
2012 U.S. App. LEXIS 1304
| 9th Cir. | 2012Background
- Three Native American juveniles who pleaded true to aggravated sexual abuse with children were sentenced with probation/supervision requiring SORNA registration.
- I.M.T.D. (Fort Peck Tribes) was 17 at offense; L.L.S. (Northern Cheyenne) was 13–16; M.M.R. was 14; all would have had adult offenses under 18 U.S.C. § 2241(c).
- Each district court imposed special conditions to register as sex offenders in federal and local/tribal jurisdictions.
- The district courts also required full SORNA registration in addition to any state requirements for Tier III offenders.
- The government argued SORNA preempts FJDA confidentiality, and defendants challenged SORNA as applied to juveniles.
- The Ninth Circuit held that SORNA, as enacted, carves out a confidentially-limited class of juveniles and that SORNA’s registration requirements are constitutionally sound.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does SORNA conflict with FJDA confidentiality? | Government: SORNA operates independently, not conflicting with FJDA. | Juveniles: SORNA discloses info that FJDA protects; FJDA confidentiality should prevail. | SORNA overrides FJDA for included juveniles; district court properly applied SORNA. |
| Is SORNA, as applied to juveniles, constitutional? | Congressional purpose supports public safety; SORNA is a legitimate regulatory scheme. | Challenges under equal protection, Eighth Amendment, self-incrimination, due process, etc. | SORNA survives rational basis review; no Eighth, Fifth Amendment, or substantive due process violation; procedural due process not violated; ineffective-assistance claim forfeited. |
| Is the appeal moot given the interaction of federal and state duties to register? | Registration may be independent under state law, rendering challenge moot. | Federal registration obligations remain in effect; challenges ongoing. | Not moot: defendants remain subject to unexpired federal conditions and ongoing Tier III registration; case continues. |
Key Cases Cited
- Doe v. Michigan Dept. of State Police, 490 F.3d 491 (6th Cir. 2007) (juvenile registration not a fundamental right; rational basis review)
- Doe v. Tandeske, 361 F.3d 594 (9th Cir. 2004) (sex offender registry serves public safety; not a due process violation)
- United States v. May, 535 F.3d 912 (8th Cir. 2008) (SORNA not punitive; civil regulation)
- United States v. Young, 585 F.3d 199 (5th Cir. 2009) (SORNA as civil regulation; not punitive)
- Conn. Dept. of Pub. Safety v. Doe, 538 U.S. 1 (2003) (public disclosure considerations; due process cannot be invoked to shield publicity)