A bill would remove the names of young sex offenders from the public registry.

“South Carolina law requires those convicted of sex offenses to be on the sex offender registry the rest of their lives regardless of their age, severity of offense or the likelihood to reoffend,” said Sen. Katrina Shealy of Lexington.

“This requirement does not differentiate between children and adults. While juvenile criminal records are private, the sex offender registry is public.

“A 12-year-old child adjudicated for peeping could have the same lifetime sex offender registration requirements and associated stigma as a 30-year-old who commits a violent rape.”

Judges are required to place a child on the registry for offenses such as peeping, “sexting,” and indecent exposure (for example, a child who “moons” his friends on a school bus could be placed on the registry for life.)

Juvenile offenders are different from adult offenders, Shealy said. Research confirms that juvenile sex offenders rarely grow up to be adult rapists or pedophiles.

Child sexual behavior may sometimes be attributed to experimentation or to a lack of parental supervision.

“Juvenile sex offenders may not understand that their behavior is wrong,” she said. “Our juvenile justice system already recognizes developmental differences for other offenses: older, more violent offenders can be waived into adult court for trial and punishment, but less serious offenders are kept in the family court system, which is designed to be rehabilitative.

“This rehabilitation is particularly effective with sex offenses. During adolescent brain development, treatment and education are more likely to reduce the likelihood of the child later reoffending as an adult.

“Like their adult counterparts, juvenile sex offender registries were created to protect the public by helping law enforcement quickly identify potential suspects in the event of a sex crime.”

Adult offenders have a high likelihood of reoffending, but research has shown that reconviction rates for juvenile sex offenders are actually much lower than other juvenile offenders.

This research indicates that the threat of registration does not deter juveniles from sex offenses.

Sen. Shealy said:

• Mandatory registration means children can’t get the treatment they need.

• In cases with mandatory registration, to avoid lifetime sex offender registration, prosecutors may accept pleas to lesser offenses.

In such a case, a juvenile who pleads to a lesser offense such as assault and battery may not be identified to receive appropriate treatment for his or her sexual offending behavior.

• Sex offender registrants face a lifetime of stigma in addition to punishment.

Registered offenders have difficulty getting and keeping jobs, locating a home in an approved area, experience depression and are suicidal more often due to the shame of being registered.

• Family court judges should have discretion in requiring juveniles to be placed on the sex offender registry including the discretion to delay a decision until after court-ordered sentences, risk assessment, and treatment are completed.

• Juveniles aged 13 and younger should not be placed on the registry.