U.S. Department of Justice 

Office of Justice Programs 

Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking 

www.SMART.gov 

SMART 

SUMMARY 

MARCH 2015 

Prosecution, Transfer, and Registration of 

Serious Juvenile Sex Offenders 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prosecution, Transfer, and Registration of
 

Serious Juvenile Sex Offenders
 

Introduction 1 

Juvenile Courts 2 

Serious Sex Offenses in Juvenile Courts 2
 

Age of Adult Criminal Responsibility 3
 

Juveniles Tried as Adults 

Resources
 

4
 

Prosecutorial Discretion 4
 

Charging Decision 5
 

Methods for Prosecuting a Juvenile as an Adult 5
 

Legislative Waiver 7
 

Prosecutorial Waiver 8
 

Judicial Waiver 9
 

Juvenile Sex Offender Registration—Generally 10
 

Mandatory Registration 10
 

Discretionary Registration 11
 

Hybrid Registration 11
 

No Registration 11
 

Public Registry Posting 12
 

Mandatory Website Posting 13
 

Discretionary Website Posting 13
 

No Website Posting 13
 

SORNA & Juvenile Sex Offender Registration 14
 

Taking a Broader View 16
 

The Developmental Approach 17
 

Conclusion 17
 

18 

Appendix 1: Legislative Waiver 19 

Appendix 2: Prosecutorial Waiver 20 

Appendix 3: Judicial Waiver 21 

Appendix 4: Mandatory Registration 24 

Appendix 5: Discretionary Registration 25 

Appendix 6: Statutory References 26 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Department of Justice makes no claims, promises, or guarantees about the accuracy, completeness, or 

adequacy of the contents of this update, and expressly disclaims liability for errors and omissions in the contents 

of this overview. The information appearing in this overview is for general informational purposes only and is 

not intended to provide legal advice to any individual or entity. We urge you to consult with your own legal 

advisor before taking any action based on information appearing in this overview. All statutory citations are 

current as of February 2015. 

Introduction 

The Sex Offender Registration and Notification Act (SORNA) (Title I of the Adam Walsh 

Child Protection and Safety Act of 2006) was a landmark piece of federal legislation which set 

revised standards for states, territories and certain federally‐recognized tribes to meet as they 

improved or established their sex offender registration and notification systems. One of the key 

changes in SORNA from previous federal schemes was the intentional inclusion of certain juveniles 

adjudicated delinquent of serious sex offenses in its registration and notification standards. 

This inclusion drew increased attention to the manner in which juveniles are adjudicated 

and sentenced for serious sex offenses in juvenile courts. What has not received as much attention, 

and is the focus of this current overview, are the full range of alternative approaches for 

prosecuting serious sex offenders in juvenile courts across the country. 

States vary widely between their applicable ages of criminal responsibility, circumstances 

in which a juvenile will automatically be prosecuted in adult criminal court (legislative waiver), 

and when the decision to try a juvenile in adult court is vested either in the prosecuting attorney 

(prosecutorial waiver) or a judge (judicial waiver). Any survey of sex offender registration and 

notification requirements applicable to juveniles is incomplete without a more thorough analysis 

of the systems of charging, adjudication, disposition, transfer, and/or sentencing which might 

apply to a serious juvenile sex offender. 

This overview paints a broad picture of the state of the law in the United States regarding 

these issues, and then takes a look at the relevant provisions regarding sex offender registration 

and notification for juveniles adjudicated delinquent in juvenile court of serious sex offenses. 

Full statutory citations are provided in Appendix Six. 

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Juvenile Courts
 

Initially established more than a century ago in Cook County, Illinois, courts dedicated 

to juveniles are now part and parcel of the American criminal justice system. The original goal 

of juvenile courts can be described as follows: 

[J]uvenile courts tried to focus on the ‘ŌŏŝŞ interests of the ōŒœŖŎư’ They 

emphasized an informal, nonadversarial, and flexible approach to cases. . . .[c]ases 

were treated as civil (noncriminal) actions, and the ultimate goal was to guide a 

juvenile offender toward life as a responsible, law abiding adult.* 

In contrast to this initial impetus, and in part as a result of a series of Supreme Court 

decisions beginning in the ĘĠĝė’ŝ—in addition to policy decisions made by states—delinquency 

proceedings in juvenile court today have a fair resemblance to adult criminal court proceedings. 

By and large, delinquency proceedings are now adversarial in nature, and a minor in juvenile 

court has many of the same constitutional rights as an adult facing criminal charges. Juveniles 

adjudicated delinquent also now face many of the same consequences as adults, including 

incarceration and probation supervision. 

The modern American juvenile justice system contains within it these two differing 

approaches and interests—the traditional purpose of juvenile courts focusing on “ŞŒŏ best 

interests of the ōŒœŖŎ”ǰ ŋŘŎ the ŝŞŋŞŏ’ŝ ŗřŜŏ recent interest in ensuring safety in the community 

through the more ’ŋdult‐Ŗœŕŏ’ treatment of juveniles (including the more common goals of adult 

sentencing: rehabilitation, punishment, deterrence, and restitution). Often, these approaches 

conflict, and it is that conflict that drives the debate over how to handle serious juvenile sex 

offenders. 

Serious Sex Offenses in Juvenile Courts 

Unless excluded from its jurisdiction by legislative waiver or age of adult criminal 

responsibility, all serious sex offenses committed by juveniles will commence in juvenile court. 

This report focuses solely on the most serious sex offenses—generally those involving forcible sexual 

penetration—which would be considered a registerable offense under SORNA. As will be discussed later 

in this overview, SORNA generally requires registration of any juvenile adjudicated delinquent 

of a sex offense comparable to 18 U.S.C. § 2241(a) or (b), so long as the juvenile was 14 years of 

age or older at the time of the offense. 

* From Dialogue on Youth and Justice, ABA Division for Public Education (2007), p. 5. 2 
 

 

 

 

 

 

 

 

 

 

 

 

 

Age of Adult Criminal Responsibility
 

The age of adult criminal responsibility is the age at which a person is automatically 

referred to the adult criminal justice system for the prosecution of a criminal offense. This age is 

governed by the offŏŘŎŏŜ’ŝ age at the time of the o f fe nse rather than the offender’s age at 

arrest, prosecution or sentencing. The age of adult criminal responsibility varies across the 

country. 

In the federal system, the age of adult criminal responsibility is 18. As displayed below, 

the vast majority of states also use the age of 18 as their age of adult criminal responsibility. 

However, some states use an age of 16 (New York and North Carolina) or 17 (Georgia, 

Massachusetts, Michigan, Missouri, New Hampshire, South Carolina, Texas and Wisconsin). 

Because certain states have an age of adult criminal responsibility of either 16 or 17, any 

person of the applicable age in these ten states who is charged with committing a serious sex 

offense will generally be subjected to adult sex offender registration and notification 

requirements upon conviction. 

Map 1: Age of Adult Criminal Responsibility 

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Juveniles Tried as Adults
 

The remainder of this overview discusses the alternatives available to a prosecutor or the 

courts throughout the course of a case involving a juvenile who has committed a serious sex offense. 

For those who oppose sex offender registration requirements being imposed on juveniles 

adjudicated delinquent of serious sex offenses, their opinion is generally founded on the idea that 

the obligation of complying with a sometimes lengthy and public collateral consequence is not 

aligned with the overarching rehabilitative goals of the juvenile justice system. Before 

addressing the particular issue of juvenile sex offender registration, however, it is important to 

review all of the prosecutorial options available when handling a serious sex offense committed 

by a juvenile. 

By the time a juvenile adjudicated delinquent of a serious sex offense is subjected to sex 

offender registration, there are usually a number of procedural and factual determinations which 

have been made—either by the prosecutor or the court—that have kept that juvenile from facing 

trial and sentencing in the adult criminal justice system. The factors which determine whether an 

offender will be eligible for transfer to adult court for trial are: (1) the age of the offender at the 

time of the offense, and (2) the specific offenses with which a juvenile is charged. 

As the age of the offender is fixed in any particular case, the focus turns to the charging 

discretion vested in the prosecutor. 

Prosecutorial Discretion 

The American criminal justice system—and juvenile justice system—vests an enormous 

amount of power in the oǝce of the prosecutor. Generally speaking, prosecutors in the United 

States are locally‐elected Constitutional oǝcers who fall within the executive branch of their local 

governments. The primary checks and balances on a PŜřŝŏōşŞřŜ’ŝ discretion are from the judicial 

branch (court rules, appellate and local judicial decisions), other executive branch oǝces 

(controlling discretionary funding and staǝng, for example), the legislative branch (imposing 

statutory or regulatory constraints on prosecution), and their constituents (jury verdicts and 

subsequent elections). 

In the course of pursuing a case against a serious juvenile sex oǜender, a prosecutor has a 

series of decisions vested to his or her discretion which will aǜect the trajectory of the case. The 

importance of this discretion cannot be overemphasized. At any stage in a prosecution, whenever 

there is a choice of which course to take, the prosecutor might seek concessions from a defendant. 

Chief among these choices is the decision of which charge(s) to prosecute. 

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Charging Decision 

A critical choice that a prosecutor has when pursuing a case is the initial charging decision. 

The offense with which a juvenile is charged is the single most important factor in determining 

what options will be available regarding filing, transfer, discovery, detention, and sentencing. In 

the vast majority of jurisdictions, the offense with which a juvenile is charged (along with the 

ŔşŠŏŘœŖŏ’ŝ age) will drive whether or not that juvenile is subject to the possibility of: 

	 Legislative waiver to adult criminal court; 

	 Prosecutorial waiver to adult criminal court; 

	 Judicial waiver to adult criminal court; or 

	 Certain collateral consequences upon adjudication, such as sex offender registration. 

Unless otherwise noted herein, this overview intentionally omits transfer and direct file 

provisions which are based on recidivism (prior adjudications of delinquency) or 

aggravating factors such as use of a firearm or serious bodily injury. There are multiple 

resources available which describe the nuances of the entirety of juvenile transfer, and there 

are direct citations to eacŒ ŝŞŋŞŏ’ŝ juvenile transfer code sections located in Appendix Six of this 

overview. 

In addition, the provisions covered herein are limited to those that affect prosecutions for 

serious sex offenses. Vagaries of the transfer laws that would not apply to sex offense prosecutions 

(such as those specific to murder, gang, or drug prosecutions) are not covered. 

Methods for Prosecuting a Juvenile as an Adult 

Even if a juvenile is under the ŝŞŋŞŏ’ŝ age of adult criminal responsibility at the time an 

offense was committed, every state but one at the time of this writing (New Mexico) has carved out 

at least one mechanism by which a juvenile might be tried as an adult for a serious sex offense. 

There are three basic ways that this can happen: Legislative Waiver, Prosecutorial Waiver, and 

Judicial Waiver. 

	 Legislative Waiver: States utilizing this approach mandate that juveniles (of a certain 

age) charged with certain serious crimes will be prosecuted in adult criminal court. Most 

times a reverse‐amenability hearing is available in adult criminal court where a juvenile 

can petition to have the case remanded for trial in juvenile court. Occasionally the 

juvenile court will conduct a preliminary hearing as to the facts of the case prior to 

sending the case to adult criminal court for trial. 

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	 Prosecutorial Waiver: States that use this approach provide the prosecutor with 

either full discretion in deciding whether to directly file in adult court, or, upon motion 

of a prosecutor (and sometimes the Court sua sponte) in juvenile court, mandate 

that the case will be transferred from juvenile court for trial in adult criminal court. A 

preliminary hearing may be held in juvenile court for purposes of certifying the case 

for trial in adult criminal court. The eligible age for prosecutorial waiver tends to 

be older than the eligible age for judicial waiver. 

	 Judicial Waiver: This is the most common procedure for transferring juveniles. Upon 

motion of a prosecutor (and sometimes the Court sua sponte), a transfer hearing is 

conducted in juvenile court to determine if the juvenile is amenable to further treatment 

and rehabilitation through the juvenile court system, and whether the juvenile should 

be transferred for trial in adult criminal court. Generally speaking, if the juvenile court 

finds that the juvenile is no longer amenable to treatment or rehabilitation in juvenile 

court, that juvenile will be transferred for trial as an adult. 

Map 2: Legislative & Prosecutorial Waiver for Serious Sex Offenses 

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Legislative Waiver
 No Minimum Age 

*Delaware** 

Age 13 

Georgia 

*Mississippi 

New York** 

Age 14 

Connecticut 

*Maryland** 

New York** 

North Dakota 

Vermont 

Age 15 

Arizona 

Illinois 

*Louisiana 

Oregon 

Age 16 

*Alabama 

Alaska 

D.C. 

Indiana 

Iowa 

*Maryland** 

Oklahoma 

*South Carolina 

*South Dakota 

Washington 

Age 17 

Montana 

Rhode Island 

As described in the previous section, some states have 

chosen to subject certain juveniles (depending on their age and/or 

the seriousness of their charges) to an ‘ŋşŞřŗŋŞœō’ prosecution of 

their case in adult criminal court—in other words, there will be 

little, if any, contact between the juvenile and the juvenile court 

during the initial stages of the prosecution. In addition, in such 

cases it is not necessary for a prosecutor to make any kind of 

procedural motion in order to transfer the juvenile, and the juvenile 

court judge will not make any sort of determination as to the 

ŔşŠŏŘœŖŏ’ŝ ongoing amenability to treatment and rehabilitation in 

juvenile court. In many of these states a “ŜŏŠŏŜŝe‐ŋŗŏŘŋŌœŖœŞţ” or 

“ŜŏŠŏŜŝŏ‐ŞŜŋŘŝŐŏŜ” hearing is available to the juvenile once the case 

is in the adult criminal court. 

In legislative waiver states, the discretion to prosecute a 

juvenile as an adult is a charging decision that rests with the 

prosecutor. 

The states listed on this page re quire that a prosecution be 

initiated in adult criminal court against a juvenile charged with 

the most serious sex offenses, at the ages listed. This “ŖŏőœŝŖŋŞœŠŏ” 

waiver of juvenile court jurisdiction is not appealable and the 

juvenile court has no discretion to retain the case. A detailed chart 

explaining these provisions can be found in Appendix One. 

Historical Note 

In 1979, there were seven states that provided for legislative 

waiver for certain juveniles charged with their first serious sex oǜense. By 

1995, that number rose to ten. Of those states that had legislative 

waiver for certain juveniles charged with such oǜenses in 1995, one 

(Idaho) has repealed their legislative waiver provisions, and an additional 

fourteen states have enacted legislative waiver provisions for certain 

juveniles charged with their first serious sex oǜense. 

* State has substantially implemented SORNA 

** Different charges are waived at different ages 

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Prosecutorial Waiver 

In some instances, prosecutors have full discretion—depending 

on the age of the juvenile and the offense charged—to directly file 

No Minimum 

Georgia 

criminal charges against a juvenile in adult court. In some states the 

authority to directly file is very broad, with concurrent jurisdiction 

between juvenile and adult courts. Concurrent jurisdiction states tend to 

permit the charging of any offense in adult court so long as the juvenile 

meets the appropriate age threshold. 

Other states allow the “ŗŋŘŎŋŞřŜţ” transfer of a case. In these 

cases, transfer will only occur on motion in juvenile court, usually by the 

prosecutor. In the absence of such a motion, the case will remain in 

juvenile court. However, when and if that motion is submitted, and so 

long as the appropriate factual findings are made (such as those 

concerning whether there is probable cause to believe the juvenile 

committed the charged offense), the juvenile court judge has no 

discretion to retain the case in juvenile court and the case must be transferred 

to adult criminal court. 

Age 12 

Montana** 

Age 14 

Arizona 

Arkansas** 

California** 

*Florida** 

*Michigan 

Nebraska 

Virginia 

West Virginia 

*Wyoming 

The discretion to prosecute a juvenile as an adult in prosecutorial 

waiver states is a procedural decision that rests with the prosecutor. 

The difference between prosecutorial waiver and legislative waiver 

is one of a different kind, and timing, of prosecutorial discretion. 

In legislative waiver states, the prosecutor has the discretion to decide 

whether or not a juvenile will be charged with an offense that subjects 

them to waiver at the beginning of a prosecution. 

In prosecutorial waiver states, in addition to deciding whether or 

not the oǜense charged will subject the juvenile to possible trial as an 

adult, the prosecutor also decides whether or not to take the procedural 

steps to try the juvenile as an adult. In the course of making that second 

decision, a prosecutor (and counsel for the juvenile) might try to negotiate 

a resolution to the case in exchange for it remaining in juvenile court. 

A detailed chart discussing prosecutorial waiver can be found in 

Age 15 

*Louisiana 

Age 16 

Arkansas** 

California** 

*Colorado 

*Florida** 

Montana** 

*Nevada 

New Jersey 

Vermont 

Appendix Two. 

* State has substantially implemented SORNA 

** Different charges are waived at different ages 

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No Set Minimum Age 

Alaska 

Idaho
 

Maine
 

*Maryland New
 

Hampshire 

Oklahoma
 

Rhode Island
 

*South Carolina
 

*South Dakota
 

*Tennessee
 

Washington 

West Virginia
 

*Wyoming
 

Age 10 

Vermont 

Age 12 

*Colorado 

*Kansas 

*Missouri 

Age 13 

Illinois 

*Mississippi 

North Carolina 

Judicial Waiver 

Juveniles may also be transferred for trial in adult criminal court 

by way of a discretionary transfer procedure. Generally speaking, 

discretionary transfer requires not only the finding of probable cause to 

believe a juvenile committed the underlying oǜense, but also a 

determination by the juvenile court judge that the juvenile is no longer 

amenable to treatment and rehabilitation in the juvenile court system. 

The transfer hearing is usually made on motion of the prosecutor and the 

decision to transfer is only made once the judge has considered detailed 

information about the juvenile. 

Every state except for Massachusetts, Montana, New Mexico, and 

New York has a discretionary transfer procedure. Generally speaking, 

juveniles are eligible for discretionary transfer at younger ages than would 

be required for legislative waiver or prosecutorial waiver proceedings. 

The states on this page permit a juvenile court judge, on motion, to 

transfer a juvenile charged with a serious sex oǜense to adult court for 

trial at the ages noted. 

The decision to prosecute a juvenile as an adult in judicial waiver 

states is a judicial determination which often happens as a result of a 

discretionary motion by the prosecutor. 

A detailed chart can be found in Appendix Three. 

*Alabama Minnesota 

Arizona Nebraska 

Arkansas *Nevada New 

California Jersey North Age 14 Connecticut Dakota 

*Delaware *Ohio 

Age 15 *Florida *Pennsylvania Georgia Hawaii Texas Utah 

Oregon Iowa Virginia 

Kentucky Wisconsin 

Age 16 *Louisiana 

Indiana *Michigan 

* State has substantially implemented SORNA 9 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Juvenile Sex Offender Registration‐‐Generally

Juveniles adjudicated delinquent of sex offenses have been gradually incorporated into the 

overall sex offender registration and notification process in the United States. Over the past few 

decades, the majority of states have enacted provisions specifying that certain adjudicated juveniles 

are required to register, and the circumstances of that registration. 

In some states, the registration requirements for juveniles adjudicated delinquent of serious 

sex offenses are automatically imposed as the result of the adjudication. In others, registration is 

discretionary, while ten states do not require any registration for juveniles adjudicated delinquent. 

Mandatory Registration 

At least in part because of the rehabilitative nature of the juvenile justice system, many states 

have made registration discretionary for serious juvenile sex offenders. These provisions are 

discussed in the next section. In contrast, the following states m andate sex offender registration and 

notification for certain juveniles adjudicated delinquent of the most serious sex offenses. The details 

of those registration requirements are listed in Appendix Four—namely the minimum age for 

mandatory registration, duration of registration, and removal opportunities. 

Mandatory Registration for Juveniles Adjudicated Delinquent of the Most Serious Sex Offenses 

*Alabama *Maryland Oregon 

*Colorado *Michigan *Pennsylvania** 

*Delaware Minnesota Rhode Island 

*Florida *Mississippi *South Carolina 

Idaho *Missouri *South Dakota 

Illinois *Nevada New *Tennessee 

Iowa Jersey North Washington 

*Kansas Dakota Wisconsin 

*Louisiana *Ohio Wyoming 

* 

** 

State has substantially implemented SORNA 

Pennsylvania’s Supreme Court recently held that the mandatory imposition of lifetime sex offender registration 

requirements on juveniles adjudicated delinquent of a sex offense violates Procedural Due Process. 

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Discretionary Registration 

The states in this section make certain juveniles adjudicated delinquent of the most serious 

sex offenses eligible for sex offender registration and notification requirements, but require an 

additional determination (usually by the juvenile court judge) before ordering such registration. 

Arizona North Carolina 

Arkansas *Ohio 

Indiana Oklahoma 

Massachusetts Texas 

Montana Virginia 

New Hampshire 

Hybrid Registration 

Three states (California, New Mexico, and Utah) have what can be characterized as hybrid 

registration systems. In these states registration is available, but only for juveniles who are 

committed to the state for a registerable oǜense (California), committed to the state and held until 30 

days prior to their 21st birthday (Utah), or are designated as a “YřşŞŒŐşŖ OǜŏŘŎŏŜ” in juvenile court 

(New Mexico). 

No Registration 

The following states do not register any juvenile adjudicated delinquent of a sex offense. 

Alaska 

Connecticut District 

of Columbia Georgia 

Hawaii 

Kentucky 

Maine 

Nebraska 

New York 

Vermont 

West Virginia 

* State has substantially implemented SORNA 

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Map 3: Registration of Serious Juvenile Sex Offenders 

Public Registry Posting 

The National Sex Offender Public Website (NSOPW), located at www.nsopw.gov, was 

created by the U.S. Department of Justice in 2005 and is administered by the Ofice of Sex Offender 

Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART Ofice). All 50 states had 

public registry websites linked to NSOPW prior to the passage of SORNA. 

SORNA does not require that states post information on their public registry websites about 

juveniles adjudicated delinquent of sex oǜenses. Nevertheless, many states either mandate or make 

discretionary the posting of such information, once it is decided that a juvenile will be subject to the 

ŝŞŋŞŏ’ŝ registration requirements. 

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Mandatory Website Posting 

The following states mandate the public posting of information about any juvenile required 

to register based on an adjudication of delinquency for a serious sex offense. 

*Alabama *Mississippi 

California *Missouri 

*Delaware *Nevada 

*Florida North Dakota 

Indiana *South Carolina 

Iowa *South Dakota 

*Kansas Utah 

*Louisiana Virginia 

Discretionary Website Posting 

The following states either grant the juvenile court judge the discretion of whether to order 

public posting of information about a juvenile ordered to register, or otherwise make that 

determination based on a risk assessment process. 

Arizona *Ohio 

Massachusetts Oregon 

Montana New Texas 

Jersey Washington 

New Mexico 

No Website Posting 

The following states do register certain juveniles adjudicated delinquent of a sex offense but do 

not post any of that information on their public registry website. 

Arkansas North Carolina 

*Colorado Oklahoma 

Idaho *Pennsylvania 

Illinois Rhode Island 

*Maryland *Tennessee 

*Michigan Wisconsin 

Minnesota *Wyoming 

New Hampshire 

* State has substantially implemented SORNA 13 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SORNA & Juvenile Sex Offender Registration 

Prior to the passage of SORNA in July of 2006, there were 36 States that had passed legislation 

requiring certain juveniles adjudicated delinquent of sex offenses to register as a sex offender. 

The last state to enact such legislation prior to SORNA’ŝ passage was New Hampshire.
 

The following states had such registration provisions in place at the time SORNA was passed:
 

*Alabama *Michigan *Ohio 

Arizona Minnesota Oklahoma 

Arkansas *Mississippi Oregon 

California *Missouri *Pennsylvania 

*Colorado Montana Rhode Island 

*Delaware Nebraska *South Carolina 

Idaho *Nevada New *South Dakota 

Illinois Hampshire New Texas Utah 

Indiana Jersey Virginia 

Iowa New Mexico Washington 

*Kansas North Carolina Wisconsin 

Massachusetts North Dakota 

Since the passage of SORNA, five states who previously did not register adjudicated 

juveniles have passed legislation to register certain juvenile sex offenders. All five of these states 

have been determined to have substantially implemented SORNA. The following is the list of 

these states with the years of passage of said legislation: 

2007: Florida, Louisiana 

2010: Maryland 

2011: Tennessee, Wyoming 

* State has substantially implemented SORNA 

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Map 4: Juvenile Registration Provisions Enacted Before and After SORNA 

The current set of federal standards applicable to ŝŞŋŞŏŝ’ sex oǜender registration and 

notification systems is found in SORNA. If a state chooses to refrain from substantially implementing 

SORNA’ŝ standards, the jurisdiction risks losing 10 percent of its Edward R. Byrne Justice Assistance 

Grant (Byrne JAG) funds. 

SORNA’ŝ minimum standards require registration for certain juvenile oǜenders adjudicated 

delinquent of serious sex oǜenses. Specifically, SORNA requires that jurisdictions register juveniles 

who were at least 14 years old at the time of the oǜense and who have been adjudicated delinquent 

for committing (or attempting or conspiring to commit) a sexual act with another by force, by the 

threat of serious violence, or by rendering unconscious or drugging the victim. Generally speaking, 

this will include all forcible penetration oǜenses. However, jurisdictions are not required to disclose 

information about juveniles adjudicated delinquent on their public registry websites. SORNA 

provides states full discretion over whether they will post information on their public registry 

websites about juveniles adjudicated delinquent of sex oǜenses. 

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Taking a Broader View 

As the preceding sections demonstrate, it is extremely dificult to look through a narrow 

scope when addressing issues regarding serious juvenile sex offenders. Integrating the information 

within this report, it is clear that juvenile justice policy decisions are not made in a vacuum, as 

shown below. 

For example, there are states which do not register any juvenile adjudicated delinquent of a 

sex offense. In all of these states, though, a prosecutor has many other options available. 

Alaska:	 A juvenile is subject to judicial waiver at any age for any criminal offense, and 

to legislative waiver at age 16 for the most serious sex offenses. 

Connecticut:	 A juvenile is subject to legislative waiver at age 14 for most serious sex offenses. 

D.C.:	 A juvenile is subject to judicial waiver at age 15 for any felony offense, and to 

legislative waiver at age 16 for the most serious sex offense: First Degree Sexual 

Abuse. 

Georgia:	 A juvenile is subject to legislative waiver at age 13 for most serious sex offenses. 

Hawaii:	 A juvenile is subject to judicial waiver at age 14 for the most serious sex offenses. 

Kentucky:	 A juvenile is subject to judicial waiver at age 14 for the most serious sex offenses. 

Maine:	 A juvenile is subject to judicial waiver at any age for the most serious sex offenses. 

New York:	 A juvenile is subject to legislative waiver beginning at age 13 for many serious sex 

offenses. 

Vermont:	 A juvenile is subject to judicial waiver at age 10 for serious sex offenses, and to 

legislative waiver at age 14 for the most serious sex offenses. 

West Virginia:	 A juvenile is subject to judicial waiver at any age for the most serious sex offense, 

and to prosecutorial waiver at age 14 for the most serious sex offense: Sexual 

Assault in the First Degree. 

Each of these states has provided a mechanism by which the prosecuting attorney may seek 

enhanced consequences for a serious juvenile sex offender, not by way of sex offender registration 

based on a juvenile adjudication, but via prosecution in adult court. 

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The Developmental Approach 

The developmental approach to juvenile justice uses the results of research on both adolescent 

development and the effectiveness of juvenile justice interventions to advocate for changes in the 

juvenile justice system. Generally speaking, serious collateral consequences of a juvenile 

adjudication (such as lifetime sex offender registration) are viewed by developmental approach 

adherents as “ŐşŘŎŋŗŏŘŞŋŖŖţ aŞ řŎŎŝ” with an effective juvenile justice system. In addition, 

adherents are in favor of judicial waiver, when it is necessary, as opposed to legislative or prosecutorial 

waiver. 

For additional information about the developmental approach to juvenile justice, please see 

the Ofice on Juvenile Justice and Delinquency PŜŏŠŏŘŞœřŘ’ŝ (OJJDP) newsletter at http:// 

www.ojjdp.gov/newsletter/248243/sf_5.html. 

Conclusion 

Sex offender registration and public notification for serious juvenile sex offenders is a 

significant collateral consequence and one that should be part of any larger‐scale discussion on how 

to handle a ŝŞŋŞŏ’ŝ sex offenders. However, it is but one piece of that puzzle, and cannot be easily 

isolated from other juvenile justice issues such as the age of adult criminal responsibility, legislative 

waiver, prosecutorial waiver, and judicial waiver. 

The SMART Ofice hopes that this overview will be a helpful resource for the field. For any 

questions about SORNA itself, or for more information about the work of the SMART Ofice, please 

feel free to contact the SMART Ofice at asksmart@usdoj.gov or visit our website at www.smart.gov. 

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Resources 

American Univ., Washington Coll. Of Law, Fifty State Survey of Juvenile Sex Offender Registration 

Requirements, available at https://www.wcl.american.edu/endsilence/documents/ 

FiftyStateSurveyonJuvenileSexOffenderRegistrationStatutes_FINALSept2009.pdf. 

Lisa Beresford, Is Lowering the Age at which Juveniles can be Transferred to Adult Criminal Court the 

Answer to Juvenile Crime? A State‐by‐State Assessment, 37 San Diego L. Rev. 783 (2000). 

Eric Fritsch & Craig Hemmens, Juvenile Waiver in the United States 1979‐1995: A Comparison and 

Analysis of State Waiver Statutes, 46 Juv. ӕ Fam. Ct. J. 17 (1995). 

Patrick Griffin et. al., Office of Juvenile Justice and Delinquency Prevention (OJJDP), Trying Juveniles as 

Adults: An Analysis of State Transfer Laws and Reporting (September 2011), https:// 

www.ncjrs.gov/pdffiles1/ojjdp/232434.pdf. 

Sarah Hockenberry & Charles Puzzanchera, National Research Council, Reforming Juvenile Justice: A 

Developmental Approach (Richard J. Bonnie et. al., eds., 2013). 

Sarah Hockenberry & Charles Puzzanchera, Office of Juvenile Justice and Delinquency Prevention (OJJDP), 

Delinquency Cases Waived to Criminal Court, 2011 (December 2014), available at 

http://www.ojjdp.gov/pubs/248410.pdf. 

Human Rights Watch, Raised on the Registry, available at http://www.hrw.org/sites/default/files/reports/ 

us0513_ForUpload_1.pdf. 

Human Rights Watch, State‐by‐State Summary of Transfer Laws, http://www.hrw.org/sites/ 

default/files/related_material/2014_US_StateTransferLawsAppendix.pdf. 

National Center for Juvenile Justice, Juvenile Court Statistics 2011, http://www.ojjdp.gov/ 

ojstatbb/njcda/pdf/jcs2011.pdf. 

National District Attorneys Association, State Statutes: Juvenile Transfer to Adult Court, http://www.ndaa.org/pdf/Juvenile%20Transfer%202011.pdf. 

Nicole Pittman & Quyen Nguyen, A Snapshot of Juvenile Sex Offender Registration and Notification Laws: A 

Survey of the United States, available at http://www.njjn.org/uploads/digital‐library/ 

SNAPSHOT_web10‐28.pdf. 

Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART Office), 

Juvenile Offenders and SORNA, http://www.smart.gov/juvenile_offenders.htm. 

Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking 

(SMART Office), Sex Offender Management Assessment and Planning Initiative, Juvenile Section, http:// 

www.smart.gov/SOMAPI/contents.html. 

M. Sickmund et. al., National Center for Juvenile Justice, Easy Access to Juvenile Court Statistics: 1985 ‐

2011 (2014), http://www.ojjdp/ojstatbb/ezajcs. 

18 
Appendix One: Legislative Waiver
 

State Minimum 

Age Charges 

Alabama 16 

Any Class A Felony; includes First Degree Rape, First Degree 

Sodomy, Sexual Torture, Traveling and/or Facilitating Travel to 

Meet a Child for an Unlawful Sexual Act 

Alaska 16 Any Unclassified or Class A Felony; includes Sexual Assault in the 

First Degree and Sexual Abuse of a Minor in the First Degree 

Arizona 15 Forcible Sexual Assault 

Connecticut 14 Any Class A or B felony, including most serious sex offenses 

D.C. 16 First Degree Sexual Abuse 

Delaware 

Georgia 

No min. 

13 

Rape in the First Degree, Rape in the Second Degree, Unlawful 

Sexual Intercourse in the First Degree 

Rape, Aggravated Sodomy, Aggravated Child Molestation, 

Aggravated Sexual Battery 

Illinois 15 Aggravated Criminal Sexual Assault 

Indiana 16 Rape 

Iowa 16 Sexual Abuse 

Louisiana 15 Aggravated Rape 

Maryland 

14 Rape in the First Degree, Sexual Offense in the First Degree 

16 Rape in the Second Degree, Sexual Offense in the Second Degree, 

Rape in the Third Degree 

Mississippi 13 Forcible Rape 

Montana 17 Sexual Intercourse without Consent 

New York 

13 Any “Sŏxually Motivated FŏŖřŘţ”

14 Rape in the First Degree, Criminal Sexual Act in the First Degree, 

Aggravated Sexual Abuse in the First Degree 

North Dakota 14 Gross Sexual Imposition 

Oklahoma 16 Rape in the First Degree, Rape by Instrumentation, Sodomy 

Oregon 15 Rape, Sodomy, Object Sexual Penetration, Sexual Abuse 

South Carolina 16 Most serious felony sex offenses 

South Dakota 16 Rape 

Vermont 14 Sexual Assault; Aggravated Sexual Assault 

Washington 16 Rape 

19 
Appendix Two: Prosecutorial Waiver
 

State Minimum Age Charges 

Arkansas 

14 Rape 

16 Any felony 

Arizona 14 Serious sex offenses 

California 14 Rape, Continuous Sexual Abuse of a Child 

16 

Most forcible sexual assaults or contact 

sexual assaults with a child 

Colorado 16 Most serious sexual assaults 

Florida 

14 Sexual Battery, Aggravated Child Abuse 

16 Any felony 

Louisiana 15 Forcible Rape, Simple Rape 

Michigan 14 Criminal Sexual Conduct, First Degree 

Montana 

12 Sexual Intercourse without Consent 

16 Sexual Assault 

Nebraska 14 First Degree Sexual Assault, First Degree 

Sexual Assault of a Child 

Nevada 16 Sexual Assault using Force or Violence 

New Jersey 16 Aggravated Sexual Assault or Sexual Assault 

Vermont 16 Any sex offense 

Virginia 14 Rape, Sodomy, Object Sexual Penetration 

West Virginia 14 Sexual Assault in the First Degree 

Wyoming 14 Sexual Assault; Sexual Abuse of a Minor 

20 
Appendix Three: Judicial Waiver
 

State Minimum Age Charges 

Alabama 14 Any criminal offense 

Alaska 

No minimum 

age 

Any criminal offense 

Arizona 14 

All “SŏŢşŋŖ OffŏŘŝŏŝ” in the 

Arizona Criminal Code 

Arkansas 

California 

16 Any felony 

14 

16 

Rape 

Any criminal offense 

14 Presumptive discretionary transfer; most 

serious contact sex oǜenses 

Colorado 

12 Violent sex offenses 

14 Any felony 

Connecticut 14 

All other felony sex offenses not covered 

by automatic transfer provision 

Delaware 

D.C. 

14 

15 

Any criminal offense 

Any felony 

15 Presumptive discretionary transfer if 

charged with First Degree Sexual Abuse 

Florida 14 Any criminal offense 

Georgia 15 Any felony 

Hawaii 

16 Any felony 

14 First Degree Sexual Assault and 

Continuous Sexual Assault of a Child 

Idaho 14 Any crime 

No minimum Forcible penetration offenses 

Illinois 13 Any crime 

Indiana 16 Most serious sex offenses 

Iowa 14 Any crime 

Kansas 

12 Any crime 

14 Presumptive discretionary transfer for 

nearly all felony sex offenses 

Kentucky 14 Rape or Sodomy 

Louisiana 14 Aggravated Rape, Forcible Rape 

Maine No minimum Most serious sex offenses 

21 
Appendix Three: Judicial Waiver
 

State Minimum Age Charges 

Maryland Under 15 Rape in the First Degree, Sexual Offense in 

the First Degree 

15 Any crime 

Michigan 14 Any felony 

Minnesota 

14 Any felony 

16 Presumptive discretionary transfer for some 

serious contact sex offenses 

Mississippi 13 Any crime 

Missouri 12 Any offense 

Nebraska 14 First Degree Sexual Assault, First Degree 

Sexual Assault of a Child 

Nevada 14 Any felony 

New 

Hampshire 

No minimum Any felony 

15 Presumptive Transfer if charged with 

Aggravated Felony Sexual Assault 

New Jersey 14 Aggravated Sexual Assault or Sexual Assault 

North Carolina 13 Any felony 

North Dakota 

14 Any offense involving serious bodily harm 

16 Any offense 

Ohio 14 Any felony 

Oklahoma No minimum Any felony 

Oregon 15 Rape, Sodomy, Object Sexual Penetration, 

Sexual Abuse 

Pennsylvania 14 Any felony 

Rhode Island No minimum First Degree Sexual Assault; First Degree 

Child Molestation 

16 Any felony 

South Carolina No minimum Criminal Sexual Conduct 

14 Most serious felony offenses 

22 
Appendix Three: Judicial Waiver
 

State Minimum Age Charges 

South Dakota No minimum Any felony 

Tennessee 

No minimum Rape; Aggravated Rape; Rape of a Child; 

Aggravated Rape of a Child 

16 Any felony 

Texas 

14 Aggravated Sexual Assault 

15 Indecency with a Child; Sexual Assault 

Utah 

14 Any crime 

16 Hearing mandated when charged with 

Aggravated Sexual Assault 

Vermont 10‐13 Sexual Assault; Aggravated Sexual Assault 

Virginia 14 Any felony 

Washington 

No minimum 

16 

Any offense 

Mandatory Hearing for Rape, Rape of a 

Child, Indecent Liberties (Class A), Child 

Molestation (First Degree) 

17 Mandatory Hearing for Indecent Liberties, 

Child Molestation in the Second Degree 

West Virginia 

Under 14 Sexual Assault in the First Degree 

14 Any offense involving violence to the person 

Wisconsin 

14 First or Second Degree Sexual Assault 

15 Any offense 

Wyoming 13 Any offense 

23 
 

 

Appendix Four: Mandatory Registration
 

State Minimum Age Duration 

When Eligible for 

Removal 

Alabama 14 Life After 25 years 

Colorado None Life 

After successful 

completion of sentence 

and probation 

Delaware 14 Life After 25 years 

Florida None Life After 25 years 

Idaho 14 Until Age 21 

DA may petition for 

extension of registration 

after age 21 

Illinois None Life After 5 years 

Iowa 14 Life After 5 years 

Kansas None Life n/a 

Louisiana 14 Life After 25 years 

Maryland 14 

Terminates at end of 

juvenile court jurisdiction 

May be extended in 

certain circumstances 

Michigan 14 Life After 25 years 

Minnesota None Life n/a 

Mississippi 14 Life After 25 years 

Missouri None Life n/a 

Nevada 14 Life After 25 years 

New Jersey None Life After 15 years 

North Dakota None Life n/a 

Ohio 16 

Varies depending on tier 

determination 

Varies depending on tier 

determination 

Oregon None Life 

May petition 2 years after 

juvenile court jurisdiction 

ends 

Pennsylvania 14 Life After 25 years 

Rhode Island None 15 Years (max) n/a 

South Carolina None Life n/a 

South Dakota 14 Life n/a 

Tennessee 14 Life After 25 years 

Washington None Life May petition after 5 years 

Wisconsin None Life n/a 

Wyoming None Life 

May petition for removal 

after 10 years 

* These provisions are applicable to the most serious sex offense(s) in a state. Adjudications of delinquency for 

less serious sex offenses may not be subject to mandatory registration. 

24 
 

 

Appendix Five: Discretionary Registration
 

State 

Arizona 

Minimum Age 

None 

Duration 

All registration ends at 

age 25 

When Eligible for 

Removal 

Court may terminate at 

the successful 

completion of probation 

Arkansas None 10 years 

May petition for removal 

at age 21 or at any time 

when juvenile court has 

jurisdiction 

Indiana 14 Life n/a 

Massachusetts None 20 year maximum 

May petition for removal 

after 10 years 

Montana None Life 

May petition for removal 

after 10 years or 25 years 

if risk assessed as level 1 

or level 2 

New Hampshire None Until age 17 May be extended to age 

21 

North Carolina 11 

Until age 18 or end of 

juvenile court 

jurisdiction, whichever 

occurs first 

n/a 

Ohio 

Oklahoma 

14 

14 

Varies depending on tier 

determination 

Until Age 21 

Varies depending on tier 

determination 

DA may petition to 

extend registration 

requirements past age 21 

Texas None 10 years May petition for removal 

at any time 

Virginia 13 Life n/a 

* These provisions are applicable to the most serious sex offense(s) in a state. Adjudications of delinquency for 

less serious sex offenses may not be subject to registration. 

25 
 

 

Appendix Six: Statutory References 

State Legislative 

Waiver 

Prosecutorial 

Waiver 

Judicial 

Waiver Registration Public Website Posting 

Alabama 

Ala. Code 

§ 1ę‐15‐204 

Ala. Code 

§ 1ę‐15‐203 

Ala. Code 

§ 1Ĝ‐20A‐3(c) et. 

seq. 

Ala. Code 

§ 1Ĝ‐20A‐8 

Alaska 

Alaska Stat. 

§ 47.12.030 

Alaska Stat. 

§ 47.12.100; 

Alaska 

Court 

Delinquency 

Rules, Part 

VI, Rule 20 

Arizona 

Ariz. Rev. 

Stat. 

§ 1Ě‐501(A) 

Ariz. Rev. 

Stat. 

§ 1Ě‐501(B) 

Ariz. Rev. 

Stat. 

§ 8‐Ě27 

Ariz. Rev. Stat. 

§ 1Ě‐3821(D) 

Ariz. Rev. Stat. 

§ 1Ě‐3825(K) 

Arkansas 

Ark. Code 

Ann. 

§ 9‐ę7‐318 

Ark. Code 

Ann. 

§ 9‐ę7‐318 

Ark. Code Ann. 

§ 9‐ę7‐356 

California 

Cal. Welf. & 

Inst. Code 

§ 707(d) 

Cal. Welf. & 

Inst. Code 

§ 707(a) 

Cal. Penal Code 

§ 290.008(a) 

Cal. Penal Code 

§ 290.46 

Colorado 

Colo. Rev. 

Stat. 

§ 1Ġ‐2‐518 

Colo. Rev. 

Stat. 

§ 1Ġ‐2‐518 

Colo. Rev. Stat. 

§ 1ĝ‐22‐102(3) 

Connecticut 

Conn. Gen. 

Stat. 

§ 46b‐127 

Conn. Gen. 

Stat. 

§ 46b‐127 

D.C. D.C. Code 

§ 1ĝ‐2301 

D.C. Code 

§ 1ĝ‐2307 

Delaware 

Del. Code, 

tit. 10, 

§ 921 

Del. Code, 

tit. 10, 

§§ 921 & 

1010 

Del. Code, tit. 11, 

§ 4123 

Del. Code, tit. 

11, 

§ 4123 

Florida Fla. Stat. § 

985.557 

Fla. Stat. 

§ 985.556, 

Fla. Rules of 

Juv. Proc. 

8.105 

Fla. Stat. 

§ 943.0435(a)(1)(d) 

Fla. Stat. 

§ 943.043 

Georgia 

Ga. Code 

Ann. § 1Ĝ‐11‐

560(b) 

Ga. Code 

Ann. 

§15‐11‐Ĝ60(a) 

Ga. Code 

Ann. 

§ 1Ĝ‐11‐561 

Hawaii 

Haw. Rev. 

Stat. 

§ 571‐22 

Idaho 

Idaho Code 

Ann. 

§ 2ė‐508 

Idaho Code Ann. 

§ 1ğ‐8403 et. seq. 

26 
 

 

 

Appendix Six: Statutory References 

State Legislative 

Waiver 

Prosecutorial 

Waiver 

Judicial 

Waiver Registration Public Website Posting 

Illinois 705 ILCS 

405/5‐130 

705 ILCS 

405/5‐805(3) 

730 ILCS 

150/2(A)(5) & 

150/3‐Ĝ

Indiana 

Iowa 

Ind. Code 

Ann. 

§ 3Ę‐30‐Ę‐4 

Iowa Code 

§ 232.8 

Ind. Code 

Ann. 

§ 3Ę‐30‐Ě‐5 

Ind. Code 

Ann. 

§ 3Ę‐30‐Ě‐3 

Iowa Code 

§ 232.45 

Ind. Code Ann. 

§ 1Ę‐8‐8‐4.5(b) 

Iowa Code 

§ 692A.103(4) 

Ind. Code Ann. 

§ 3ĝ‐2‐1Ě‐5.5 

Iowa Code 

§ 692A.121 

Kansas 

Kan. Stat. 

Ann. 

§ 3ğ‐2347 

Kan. Stat. Ann. 

§ 2ę‐4906(h) 

Kan. Stat. Ann. 

§ 2ę‐4909 

Kentucky 

Kent. Rev. 

Stat. 

§ 635.020 

Louisiana 

La. Child 

Code Ann. 

art. 305 

La. Child 

Code Ann. 

art. 305 

La. Child 

Code Ann. 

art. 857 

La. Rev. Stat. 

§ 15:542(A)(3) 

La. Rev. Stat. 

§ 15:542.1.5 

Maine 

Me. Rev. 

Stat. tit. 15, 

§ 3101(4) 

Maryland 

Massachusetts 

Md. Cts. & 

Jud. Proc. 

Code Ann. 

§ 3‐8A‐03 

Md. Cts. & 

Jud. Proc. 

Code Ann. 

§ 3‐8A‐06 

Md. Code Ann., 

Crim. Proc. 

§ 1Ę‐704.1 

ALM GL c.6 

§ 178(e) 

ALM GL c.6 

§ 178K 

Michigan 

Minnesota 

MCLS 

§ 712A.2 

MCLS 

§ 712A.4 

Minn. Stat. 

§ 260B.125 

MLCS § 28.722(b) 

Minn. Stat. 

§ 243.166(1b) 

Mississippi 

Missouri 

Miss. Code 

Ann. 

§ 4Ě‐21‐151 

Miss. Code 

Ann. 

§ 4Ě‐21‐157 

R.S. Mo. 

§ 211.070 

Miss. Code Ann. 

§ 4Ĝ‐33‐ěĞ(ő)

R.S. Mo. § 589.400 

Miss. Code 

Ann. 

§ 4Ĝ‐33‐

39(4)(b)(i) 

R.S. Mo. 

§ 589.402 

Montana 

Nebraska 

MCA 

§ 4Ę‐5‐206 

MCA 

§ 4Ę‐5‐206 

Neb. R.R.S. 

§ 2Ġ‐1816 

Neb. R.R.S. 

§ 4Ě‐274 

MCA 

§§ 46‐23‐Ĝ02(10) & 

41‐5‐Ę53(1)(d) 

* 

MCA 

§ 4ĝ‐23‐508 

* 

Nevada 

NRS 

§ 62B.390 NRS § 179D.095 NRS § 179B.250 

New 

Hampshire 

N.H. RSA 

§ 169‐BDZęě

N.H. RSA 

§ 169‐BDZĘĠ

N.H. RSA 

§ 651‐BDZĞ

27 
 

 

 

Appendix Six: Statutory References 

State 

New Jersey 

Legislative 

Waiver 

Prosecutorial 

Waiver 

NJ Stat. 

§ 2A:4A‐26 

Judicial 

Waiver 

NJ Stat. 

§ 2A:4A‐26 

Registration 

NJ Stat. 

§ 2C:7‐2(a)(1) 

Public Website 

Posting 

NJ Stat. 

§ 2C:7‐13 

New Mexico 

New York NY CLS CPL 

§ 1.20(42) 

N.M. Stat. 

§ 2Ġ‐11A‐5.1 

North 

Carolina 

NC Gen. 

Stat. 

§ 7B‐ę200 

NC Gen. Stat. 

§§ 7B‐2509 & 14‐

208.26 

NC Gen. Stat. 

§ 1ě‐208.29 

North Dakota 

ND Cent. 

Code. 

§ 2Ğ‐20‐34 

ND Cent. 

Code. 

§ 2Ğ‐20‐34 

ND Cent. Code 

§ 12.Ę‐32‐15 

ND Cent. Code 

§ 12.Ę‐32‐15 

Ohio ORC 

§ 2152.12 ORC § 2152.86 ORC § 2152.86 

Oklahoma 

10A Okla. St. 

§ 2‐5‐Ę01 

10A Okla. 

Stat. 

§ 2‐2‐ě03 

10 Okla. Stat. 

§ 2‐8‐Ę02 

Oregon 

Pennsylvania 

ORS 

§ 137.707 

ORS § 

419C.349 

(superseded) 

42 Pa.C.S. 

§ 6355 

ORS § 181.809 

Pa.C.S. § 9799.12 

ORS § 181.835 

Rhode Island 

South 

Carolina 

RI Gen. 

Laws 

§ 1ě‐1‐3 

SC Code 

Ann. 

§ 6Ě‐19‐20 

RI Gen. 

Laws 

§ 1ě‐1‐7 

SC Code 

Ann. 

§ 6Ě‐19‐1210 

RI Gen. Laws 

§ 1Ę‐37.1‐ę

SC Code Ann. 

§ 2Ě‐3‐340 

SC Code Ann. 

§ 2Ě‐3‐490 

South Dakota 

SD Cod. 

Laws 

§ 2ĝ‐11‐ĚưĘ

SD Cod. 

Laws 

§ 2ĝ‐11‐ě

SD Cod. Laws 

§ 2ę‐24B‐2 

SD Cod. Laws 

§ 2ę‐24B‐21 

Tennessee 

Tenn. Code 

Ann. 

§ 3Ğ‐1‐134 

Tenn. Code Ann. 

§ 4ė‐39‐202(27) 

Texas 

Tex. Fam. 

Code 

§ 54.02 

Tex. Code Crim. 

Proc. §§ 62.001(5) 

& 62.352 

Utah 

Utah Code 

Ann. 

§§ 78A‐6‐702 

& ‐Ğ03 

Utah Code Ann. 

§§ 77‐41‐Ę02(9)(f) 

& (16)(f) 

Vermont 

33 VSA 

§ 5201 

33 VSA 

§ 5203(c) 

33 VSA 

§ 5204 

28 
 

 

Appendix Six: Statutory References 

State Legislative 

Waiver 

Prosecutorial 

Waiver 

Judicial 

Waiver Registration Public Website Posting 

Va. Code Va. Code Va. Code Ann. Va. Code Ann. Virginia Ann. 

§ 16.Ę‐269.1 

Ann. 

§ 16.Ę‐269.1 § 9.1‐Ġ02(G) § 9.1‐Ġ13 

Washington 

Rev. Code 

Wash. 

§ 13.04.030 

Rev. Code 

Wash. 

§ 13.30.110 

Rev. Code Wash. 

§ 9A.44.128(2) 

Rev. Code 

Wash. 

§ 4.24.550(5) 

W. Va. Code W. Va. Code West Virginia § 4Ġ‐5‐10 § 4Ġ‐5‐10 

Wis. Stat. Wis. Stat. Wisconsin § 938.18 § 301.45(1g)(a) 

Wyoming Wyo. Code 

§ 1ě‐6‐203 

Wyo. Code 

§ 1ě‐6‐237 

Wyo. Code 

§ 7‐Ę9‐301(a)(iii) 

* Nebraska will only register a juvenile if they required to register by another jurisdiction 

within the United States. See https://sor.nebraska.gov/FAQ. 

29