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How Do District of Columbia’s Sentencing Guidelines Treat Juvenile Sex Offenders?
Contents
- 1 Understanding Juvenile Sex Offender Sentencing in D.C.
- 2 D.C.’s Voluntary Sentencing Guidelines
- 3 Juvenile Registration Requirements Under SORNA
- 4 Mandatory Minimums for Certain Offenses
- 5 Trying Juveniles Charged with Sex Offenses as Adults
- 6 Youthful Offender Sentencing Alternatives
- 7 Juvenile Sex Crimes and Mandatory Minimums: A Case Study
Understanding Juvenile Sex Offender Sentencing in D.C.
D.C.’s Voluntary Sentencing Guidelines
D.C. has voluntary sentencing guidelines that Superior Court judges use when determining sentences for felony offenses, including sex crimes.2 The guidelines recommend a sentence range based on the severity of the offense and the offender’s criminal history. For example, the guidelines may recommend a sentence of 6-24 months for an offender with no prior record convicted of an offense in severity group 8A. The judge could impose a suspended sentence of 6 months probation and be in compliance with the guidelines.2 However, mandatory minimum sentences take precedence over the guidelines. Many sex offenses carry mandatory prison terms that the judge must impose regardless of what the guidelines recommend.
Juvenile Registration Requirements Under SORNA
The federal Sex Offender Registration and Notification Act (SORNA) requires certain juveniles adjudicated delinquent of serious sex offenses to register as sex offenders.1 To fall under SORNA’s juvenile registration provisions, the offender must have been:
- 14 years of age or older at the time of the offense
- Adjudicated delinquent of an offense comparable to or more severe than aggravated sexual abuse (as defined in 18 U.S.C. 2241)
Aggravated sexual abuse offenses generally involve sexual acts committed by force, threat, or rendering the victim unconscious, or sexual acts with children under 12.4 Juveniles who have to register under SORNA based on a delinquency adjudication are considered Tier III offenders. They are subject to the duration and in-person verification requirements applicable to that tier.1 However, SORNA allows juvenile registration to be terminated after 25 years with a clean record.1 Jurisdictions also have discretion regarding whether to post information about juvenile offenders publicly on their sex offender websites. Community notification about juvenile offenders may be limited to certain agencies or individuals as needed for public safety.1
Mandatory Minimums for Certain Offenses
Many sex offenses carry mandatory minimum prison terms for offenders convicted in D.C., including juveniles charged as adults. Some of the offenses subject to mandatory minimums include:23
- First degree sexual abuse: 7 years
- Second degree sexual abuse: 5 years
- First degree child sexual abuse: 7 years
- Enticing a child: 5 years
- Abducting or enticing a child under 12: 20 years
Crimes of violence, including sexual abuse offenses, committed while armed also carry mandatory minimums of 5-10 years.2 There are also mandatory penalties for repeat offenders. A second conviction for first degree sexual abuse mandates a 10 year minimum. A second conviction for many other serious sex offenses requires a life sentence.2
Trying Juveniles Charged with Sex Offenses as Adults
Under D.C. law, juveniles age 15 and older charged with certain violent crimes, including sexual abuse, may be transferred to adult court.5 Prosecutors can file a motion to transfer the case if they believe there are not sufficient resources in the juvenile system to rehabilitate the minor. The court will hold a hearing to determine if transfer is appropriate based on factors like the seriousness of the alleged offense and the minor’s prior record.5 If the case is transferred, the juvenile will be tried and sentenced as an adult. This means the mandatory minimum sentences and sex offender registration requirements will apply. Even if the case remains in juvenile court, a minor adjudicated delinquent of certain serious sex offenses will still have to register under SORNA.
Youthful Offender Sentencing Alternatives
In 2020, the D.C. Council passed legislation allowing youthful offenders to petition for sentence reductions.3 The law applies to offenders who were under 25 at the time of the offense and have served at least 15 years in prison. Those convicted of murder or sexual assault are not excluded. Judges can consider factors like the offender’s age at the time of the crime, evidence of maturity and rehabilitation, and the nature of the offense when deciding whether to reduce a sentence.3 This means some juvenile sex offenders sentenced as adults may become eligible for release earlier than their original sentence. However, the U.S. Attorney’s Office and D.C. police have raised concerns that the law could lead to the early release of violent offenders and have a negative impact on public safety.3 It remains to be seen how many youthful offenders, including those convicted of sex crimes, will actually have their sentences reduced under the new law.
Juvenile Sex Crimes and Mandatory Minimums: A Case Study
To illustrate how mandatory minimums can impact juvenile sex offense cases in D.C., consider this hypothetical:
A 16-year-old boy is accused of breaking into a neighbor’s house and sexually assaulting a 30-year-old woman. He is charged with first degree sexual abuse. Due to the severity of the allegations, prosecutors file a motion to transfer the case to adult court. The judge grants the transfer based on the boy’s age, the violent nature of the alleged offense, and a prior juvenile adjudication for misdemeanor sexual abuse. The boy is tried as an adult and found guilty by a jury. Under the sentencing guidelines, a first-time adult felony offender convicted of an offense in severity group 5A could receive a short split sentence of 18-60 months, with a portion suspended in favor of probation.2 However, first degree sexual abuse carries a mandatory minimum term of 7 years in prison.2 Therefore, the judge must sentence the defendant to at least 7 years, served in an adult facility, even though he was a juvenile at the time of the offense. Once released, he will have to register as a sex offender for a minimum of 25 years.1 If the case had remained in juvenile court, the judge would have had more discretion in crafting an individualized sentence focused on rehabilitation.
Juvenile sentences are typically indeterminate and allow for release once the offender is deemed rehabilitated by the court.5 However, even in juvenile court, SORNA’s registration requirements still would have applied. The offense of first degree sexual abuse is comparable to aggravated sexual abuse as defined in federal law.4 The defendant was over 14 at the time of the offense, so he would be considered a Tier III sex offender required to register for 25 years.1 This case illustrates how mandatory minimums and SORNA limit judicial discretion and can lead to more punitive outcomes for juveniles charged with serious sex offenses in D.C. Even accounting for the youthful offender sentence reduction option, juveniles convicted as adults still face substantial prison terms and long-term sex offender registration.