Sex Offender Registration for Out-of-State Juvenile Adjudications

When, if ever, must a person register as a sex offender in North Carolina because of a juvenile adjudication from another state? North Carolina has an adult sex offender registry and a juvenile sex offender registry. Notice there’s no hyperlink to the juvenile registry. That’s because that information is maintained separately by the sheriffs and released only to law enforcement agencies and local boards of education. G.S. 14-208.29 (“Under no circumstances shall the registration of a juvenile adjudicated delinquent be included in the county or statewide registries, or be made available to the public via internet.”). Juvenile registration is much more limited than adult registration. It applies only for juveniles of at least 11 years of age who are adjudicated delinquent for rape or sexual offense, and then only when the court rules that the child must register. G.S. 14-208.26. While a juvenile tried and convicted as an adult in North Carolina goes on the regular adult registry, G.S. 14-208.32, no North Carolina juvenile adjudication requires adult registration. But what about a juvenile adjudication from another state? Some states include certain juvenile adjudications within their definition of the “convictions” that require adult registration. In fact, federal law directs states to do that for certain juvenile adjudications involving an offender of at least 14 years of age, 42 U.S.C. § 16911(8) (although former Attorney General Lynch allowed states a bit more flexibility on that point in supplemental guidelines issued in 2016). North Carolina has not acted on the federal directive to include [...]