{"id":21570,"date":"2016-03-21T17:14:23","date_gmt":"2016-03-22T00:14:23","guid":{"rendered":"https:\/\/cjnotebook.com\/?p=21570"},"modified":"2016-03-21T17:18:46","modified_gmt":"2016-03-22T00:18:46","slug":"federal-judge-bars-adding-13-year-old-states-sex-offender-list","status":"publish","type":"post","link":"https:\/\/cjnotebook.com\/?p=21570","title":{"rendered":"Federal Judge Bars Adding 13-Year-Old to State&#8217;s Sex Offender List"},"content":{"rendered":"<div class=\"asset-masthead\">\n<header class=\"asset-header\">\n<h3>Judge bars state from adding boy to state&#8217;s sex offender list<\/h3>\n<div class=\"meta\">\n<ul class=\"list-inline\">\n<li><span style=\"font-size: 14pt;\">By LORI PILGER \/ Lincoln Journal Star<\/span><\/li>\n<\/ul>\n<\/div>\n<\/header>\n<div class=\"share-container headline-right pull-right hidden-xs\" data-subscription-required-remove=\"\"><span style=\"font-size: 14pt;\">\u00a0A federal judge has blocked Nebraska from putting a 13-year-old boy who moved here from Minnesota on its public list of sex offenders.<\/span><\/div>\n<\/div>\n<div class=\"row\">\n<div class=\"main-content col-lg-8 col-md-7\">\n<div id=\"asset-content\" data-asset-uuid=\"d0d21ddd-f912-532c-89b4-b0544e6de6f0\">\n<div class=\"row\">\n<div class=\"col-lg-8 col-md-12 col-sm-8 col-lg-push-4 col-md-push-0 col-sm-push-4\" data-subscription-required-class=\"col-xs-12\">\n<div class=\"asset-body\" data-subscription-required-class=\"asset-body\">\n<div class=\"asset-content p402_premium subscriber-premium\">\n<div class=\"subscriber-preview\">\n<p><span style=\"font-size: 14pt;\">Senior U.S. District Judge Richard G. Kopf said if the boy had done in Nebraska exactly what he did in Minnesota he would not have been required to register as a sex offender &#8220;and he would not be stigmatized as such.&#8221;<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">&#8220;It therefore makes no sense to believe that the Nebraska statutes were intended to be more punitive to juveniles adjudicated out of state as compared to juveniles adjudicated in Nebraska,&#8221; the judge wrote in a 20-page order.<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">In Nebraska, lawmakers opted to exclude juveniles from the Nebraska Sex Offender Registration Act unless they were prosecuted criminally in adult court, even though it meant losing thousands in federal funding.<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">But the way the law is written made it appear that all sex offenders who move to Nebraska must register.<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">When the Minnesota boy in this case moved here to live with relatives, the Nebraska State Patrol determined he had to register because of a subsection of the law.<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">Specifically, it says the Sex Offender Registry Act applies to &#8220;any person who on or after January 1, 1997 &#8230; enters the state and is required to register as a sex offender under the laws of another village, town, city, state, territory, commonwealth, or other jurisdiction of the United States.&#8221;<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">The term sex offender isn&#8217;t defined in the Nebraska act, but the patrol, which maintains the registry, defines it as an individual who has been convicted of one of the crimes listed in the act. The patrol has interpreted it to apply to sex offenders who are required to register &#8220;for any reason and at any age&#8221; under the laws of another state.<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">In this case, the boy was 11 when he was adjudicated for criminal sexual conduct in juvenile court in Minnesota. A judge there ordered him to complete probation, counseling and community service, and his name went on a part of that state&#8217;s predatory offender list that is visible only to police.<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">Even before that, the boy had moved to Nebraska to live with relatives.<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">In August 2014, the Nebraska probation office notified his family he was required to register under the Nebraska Sex Offender Registry Act or could be prosecuted.<\/span><\/p>\n<p><span style=\"font-size: 14pt;\">That same month, the boy&#8217;s family filed a federal lawsuit seeking to block the patrol from putting him on Nebraska&#8217;s registry, which is public.<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\u00a0<span style=\"font-size: 14pt;\">In Monday&#8217;s order, Kopf concluded that the boy wasn&#8217;t required to register in Minnesota because he was adjudicated in a juvenile court, not convicted in adult court, so Nebraska&#8217;s act doesn&#8217;t apply.<\/span><\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">He cited Nebraska Juvenile Code, which specifically says juvenile court adjudications are not to be deemed convictions or subject to civil penalties that normally apply.<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">An adjudication is a juvenile court process through which a judge determines if a juvenile committed a given act.<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">Kopf&#8217;s order said it was apparent that the purpose was to identify people guilty of sex offenses and to publish information about them for the protection of the public.<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">&#8220;It is equally apparent that the Nebraska Legislature has made a policy determination that information regarding juvenile adjudications is not to be made public, even though this has resulted in the loss of federal funding for non-compliance with (the federal Sex Offender Registration and Notification Act),&#8221; he said.<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">Late Monday afternoon, Omaha attorney Joshua Weir said the boy&#8217;s grandmother was so excited when he called with the news she had to pull over in a parking lot.<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">&#8220;They were very, very relieved,&#8221; he said.<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">Weir said the boy is a healthy, happy kid now and flourishing in school.<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">&#8220;It would&#8217;ve been a tragedy if he would have been branded a sex offender,&#8221; he said. &#8220;That&#8217;s something that sticks with you for the rest of your life.&#8221;<\/span><\/p>\n<\/div>\n<div class=\"subscriber-only\">\n<p><span style=\"font-size: 14pt;\">The state could choose to appeal the decision within the next 30 days.<\/span><\/p>\n<\/div>\n<\/div>\n<div class=\"asset-tagline text-muted\">\n<p><span style=\"font-size: 14pt;\"><em>Reach the writer at 402-473-7237 or <a href=\"mailto:lpilger@journalstar.com\" target=\"_blank\">lpilger@journalstar.com<\/a>.<\/em><\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p> A federal judge has blocked Nebraska from putting a 13-year-old boy who moved here from Minnesota on its public list of sex offenders.<br \/>\nSenior U.S. District Judge Richard G. Kopf said if the boy had done in Nebraska exactly what he did in Minnesota he would not have been required to register as a sex offender &#8220;and he would not be stigmatized as such.&#8221;<\/p>\n<p>&#8220;It therefore makes no sense to believe that the Nebraska statutes were intended to be more punitive to juveniles adjudicated out of state as compared to juveniles adjudicated in Nebraska,&#8221; the judge wrote in a 20-page order.<br \/>\nIn Nebraska, lawmakers opted to exclude juveniles from the Nebraska Sex Offender Registration Act unless they were prosecuted criminally in adult court, even though it meant losing thousands in federal funding.<br \/>\nBut the way the law is written made it appear that all sex offenders who move to Nebraska must register.<\/p>\n","protected":false},"author":1,"featured_media":14312,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16,3],"tags":[2396],"class_list":["post-21570","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-home-main-slider","category-u-s-department-of-justice","tag-sex-offender-register"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v28.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Federal Judge Bars Adding 13-Year-Old to State&#039;s Sex Offender List<\/title>\n<meta name=\"description\" content=\"A federal judge has blocked Nebraska from putting a 13-year-old boy who moved here from Minnesota on its public list of sex offenders. Senior U.S. District Judge Richard G. Kopf said if the boy had done in Nebraska exactly what he did in Minnesota he would not have been required to register as a sex offender &quot;and he would not be stigmatized as such.&quot;  &quot;It therefore makes no sense to believe that the Nebraska statutes were intended to be more punitive to juveniles adjudicated out of state as compared to juveniles adjudicated in Nebraska,&quot; the judge wrote in a 20-page order. In Nebraska, lawmakers opted to exclude juveniles from the Nebraska Sex Offender Registration Act unless they were prosecuted criminally in adult court, even though it meant losing thousands in federal funding. But the way the law is written made it appear that all sex offenders who move to Nebraska must register.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/cjnotebook.com\/?p=21570\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Federal Judge Bars Adding 13-Year-Old to State&#039;s Sex Offender List\" \/>\n<meta property=\"og:description\" content=\"A federal judge has blocked Nebraska from putting a 13-year-old boy who moved here from Minnesota on its public list of sex offenders. Senior U.S. District Judge Richard G. Kopf said if the boy had done in Nebraska exactly what he did in Minnesota he would not have been required to register as a sex offender &quot;and he would not be stigmatized as such.&quot;  &quot;It therefore makes no sense to believe that the Nebraska statutes were intended to be more punitive to juveniles adjudicated out of state as compared to juveniles adjudicated in Nebraska,&quot; the judge wrote in a 20-page order. In Nebraska, lawmakers opted to exclude juveniles from the Nebraska Sex Offender Registration Act unless they were prosecuted criminally in adult court, even though it meant losing thousands in federal funding. But the way the law is written made it appear that all sex offenders who move to Nebraska must register.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/cjnotebook.com\/?p=21570\" \/>\n<meta property=\"og:site_name\" content=\"American Justice Notebook\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/AmericanJusticeNotebook\" \/>\n<meta property=\"article:published_time\" content=\"2016-03-22T00:14:23+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2016-03-22T00:18:46+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/cjnotebook.com\/wp-content\/uploads\/2015\/08\/Rhode-Island-Federal-Courthouse.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"1024\" \/>\n\t<meta property=\"og:image:height\" content=\"684\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Raul\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Raul\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"3 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/cjnotebook.com\\\/?p=21570#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/cjnotebook.com\\\/?p=21570\"},\"author\":{\"name\":\"Raul\",\"@id\":\"https:\\\/\\\/cjnotebook.com\\\/#\\\/schema\\\/person\\\/f5521baddca77b521f012298775186c0\"},\"headline\":\"Federal Judge Bars Adding 13-Year-Old to State&#8217;s Sex Offender List\",\"datePublished\":\"2016-03-22T00:14:23+00:00\",\"dateModified\":\"2016-03-22T00:18:46+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/cjnotebook.com\\\/?p=21570\"},\"wordCount\":698,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\\\/\\\/cjnotebook.com\\\/#organization\"},\"image\":{\"@id\":\"https:\\\/\\\/cjnotebook.com\\\/?p=21570#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/cjnotebook.com\\\/wp-content\\\/uploads\\\/2015\\\/08\\\/Rhode-Island-Federal-Courthouse.jpg\",\"keywords\":[\"Sex offender Register\"],\"articleSection\":[\"Home Main Slider\",\"U.S. Department of Justice\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/cjnotebook.com\\\/?p=21570#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/cjnotebook.com\\\/?p=21570\",\"url\":\"https:\\\/\\\/cjnotebook.com\\\/?p=21570\",\"name\":\"Federal Judge Bars Adding 13-Year-Old to State's Sex Offender List\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/cjnotebook.com\\\/#website\"},\"primaryImageOfPage\":{\"@id\":\"https:\\\/\\\/cjnotebook.com\\\/?p=21570#primaryimage\"},\"image\":{\"@id\":\"https:\\\/\\\/cjnotebook.com\\\/?p=21570#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/cjnotebook.com\\\/wp-content\\\/uploads\\\/2015\\\/08\\\/Rhode-Island-Federal-Courthouse.jpg\",\"datePublished\":\"2016-03-22T00:14:23+00:00\",\"dateModified\":\"2016-03-22T00:18:46+00:00\",\"description\":\"A federal judge has blocked Nebraska from putting a 13-year-old boy who moved here from Minnesota on its public list of sex offenders. 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