At age eleven, appellant was adjudicated delinquent for committing first degree criminal sexual conduct with a minor (CSCM). He was nine years old at the time of the offense. Appellant contends the family court’s order requiring him to register as a sex offender violates due process. We affirm.
DISCUSSION
Under S.C.Code Ann. § 23-3-430(0(4) (Supp.2002), appellant is required to register as a sex offender because of his adjudication for first degree CSCM. This section applies to “any person regardless of age ... who has been adjudicated delinquent” for certain sex offenses. § 23-3-430(A). Because appellant was under the age of twelve at the time of his adjudication, however, information collected for the registry may not be made available to the public. S.C.Code Ann. § 23-3-490(D)(3) (Supp.2002). 1 Appellant contends the lifelong “stigma” of registration violates due process because he was a juvenile at the time of his offense.
The substantive due process guarantee requires a rational basis for legislation depriving a person of life, liberty, or property.
In re: Care and Treatment of Luckabaugh,
We recently held sex offender registration, regardless of the length of time, is non-punitive and therefore no liberty interest is implicated.
Hendrix v. Taylor,
Further, since the registry information will not be made available to the public because of appellant’s age at the time of his adjudication, there is no undue harm to his reputation even if we were to recognize a liberty interest in a juvenile’s reputation.
Cf. In re: M.A.H.,
Accordingly, we hold the requirement that appellant register as a sex offender under § 23-3-430 does not violate due process.
AFFIRMED.
Notes
. Registry information remains available to law enforcement under subsection (E).
