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Court Certifies Juvenile Sex Offender Question

By FindLaw Staff on June 07, 2010 | Last updated on March 21, 2019

US v. Juvenile Male, No. 09-940, involved the government's appeal from the Ninth Circuit's order reversing the district court's order requiring defendant to register as a juvenile sex offender and to keep his registration current under the Sex Offender Registration and Notification Act.  The Supreme Court certified the following question to the Montana Supreme Court:  "Is respondent's duty to remain registered as a sex offender under Montana law contingent upon the validity of the conditions of his now-expired federal juvenile supervision order that required him to register as a sex offender, see Mont. Code Ann. §§ 46-23-502(6)(b), 41-5-1513(1)(c) (2005); State v. Villanueva, 328 Mont. 135, 138-140, 118 P. 3d 179, 181-182 (2005); see also § 46-23-502(9)(b) (2009), or is the duty an independent requirement of Montana law that is unaffected by the validity or invalidity of the federal juvenile-supervision conditions, see § 46-23-502(10) (2009); 2007 Mont. Laws ch. 483, § 31, p. 2185?"

As the Court wrote:  "In 2005, respondent was charged in the United States District Court for the District of Montana with juvenile delinquency under the Federal Juvenile Delinquency Act (FJDA), 18 U. S. C. § 5031 et seq. Respondent eventually pleaded "true" to knowingly engaging in sexual acts with a person under 12 years of age, which would have been a crime under §§ 2241(c) and 1153(a) if committed by an adult. In June 2005, the District Court accepted respondent's plea and adjudged him delinquent. The court sentenced respondent to two years' official detention and juvenile delinquent supervision until his 21st birthday. The court also ordered respondent to spend the first six months of his juvenile supervision in a prerelease center and to abide by the center's conditions of residency."

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