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Monday, August 8, 2016

Virginia Forces 16 Year Old to Register as Violent Sex Offender (for Life) on Public VSP Registry for Crimes that Don’t Mandate Juvenile Registration


I rarely post followers/supporters email’s or stories for many reasons that I won’t go into at this time. 

But about 2 weeks ago I received an email that bothered me so much I immediately shared the details with the Virginia Legislators and Administration and then made two requests to change Virginia law. 

As I finish my 50 State Juveniles Sex Offender chart  hoping to post it later this week with an action item I’ve decided to share the email I received two weeks ago. 

The below has been edited to protect the sender’s identity: 

Ms Devoy 

I would like to thank you for your webpage.  It has been very informative.  Our son, who is 16, was placed on the Virginia Sex Offender Registry in ________ and is still currently in DJJ, hoping to be home by _________.  My wife and I are completely devastated and worried about his future.   

My wife found your post with the link leading to the Regulations.gov on June 9th and we were able to submit comments before the deadline.  Thank you for this.   

I cannot believe he will pay by registering for the rest of his life for something that happened a week after his 16th birthday.  We are here for him and always will be because the challenges he is facing (college, career, social) in young adulthood and beyond are scary and seem hopeless.  I have heard the defeated and hopeless words come from him.  We keep encouraging trying to find bright spots but it is hard.  He really won’t feel the impact until he is released.  He is doing what he is supposed to do and taking advantage of what is offered there.  Even the staff and parole officers know he is a "fish out of water".   

These young people do not deserve to pay for the rest of there lives.  We let drug dealers and persons that have caused fatal accidents while under the influence out of jail with no registry.  Why are teenagers singled out for their lives?  If they have paid their debt, than they should be allowed to continue with growing up and become productive members of society. 

I would like to offer any help that I can.  This is such a new and complicated subject matter for us, we really don't know what to do.

Thank you again for the work that you are doing. 

In Virginia registration as a Sex Offender for a juvenile is supposed to be decided by the judge for ONLY THREE crimes Rape, Sodomy and Object Sexual Penetration. Any Juvenile mandated to register in Virginia is classified as Violent (as opposed to Non-Violent) which makes them a ‘Lifer’ with no opportunity to ever be removed. 

Some Virginia Delegates and Senators have been to know to claim while attempting to increase juvenile registration mandates at the annual General Assembly session that......... only the “worst-of-the-worst juveniles convicted of one of the “Big 3” crimes are given the label Sex Offender in the Commonwealth. 

I decided to look the 16 year old up expecting to find one of the “Big 3” crimes but instead he was convicted of:
Ø       18.2-67.3           Aggravated Sexual Battery
Ø       18.2-386.1        Unlawful creation of image of another
Ø       18.2-374.1         Production, publication, sale, financing, etc., of child pornography; presumption as to age
Ø       18.2-374.1:1     Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty 

Aggravated Sexual Battery is NOT supposed to be a registerable offense for juveniles in Virginia. 

A child produced and possessed child pornography; this is NOT how the Virginia Child Pornography statutes were intended to be used.