Does a minor who is convicted of a sex crime need to register on the juvenile sex offender registry in Florida?

If your child has been convicted of a sex crime in Florida, you likely have urgent questions about their future. Will they have to register as a sex offender? For how long? What are the consequences?

The experienced South Florida sex crime defense lawyers at the Law Offices of David Robert Malove in South Florida have answers to your burning questions. Our attorneys can also mount a vigorous defense to help your child avoid the harsh minor sex crimes penalties they face. Here's what you need to know about Florida's rules on juvenile sex offender registry requirements.

What Are the Juvenile Sex Offender Registry Requirements in Florida?

Unlike adult sex offenses, not every juvenile sex crime conviction requires sex offender registration in Florida. Several key factors determine whether a minor will have to register:

• Qualifying offenses. Only four specific juvenile sex offenses can trigger registration, even if the court makes an adjudication of juvenile delinquency.
• Age limit. Juvenile offenders must be at least 14 years old at the time of the offense to potentially face registration.
• Court findings. For most qualifying offenses, the court must make additional factual findings about the victim’s age, any force or coercion used, and other factors before it can require a minor to register.

While the offenses are limited, registration ultimately depends on the specific details of the case. 

What Offenses Can Lead to Juvenile Sex Offender Registry Requirements in Florida?

Under Florida law, four statutes governing lewd or lascivious acts with minors can result in juvenile sex offender registration in Florida: They include these sex crimes under Florida Statute § 800.04, which can trigger juvenile sex offender registry requirements:

• Lewd or lascivious battery under§ 800.04(4). Engaging in sexual activity with a child who is 12 to 15 years old
• Lewd or lascivious molestation under § 800.04(5). Improperly touching a minor under 16 years old in a lewd or sexual manner
• Lewd or lascivious conduct under § 800.04(6). Intentionally touching a minor who is under 16 years old or soliciting them to engage in a lewd act
• Lewd or lascivious exhibition under § 800.04(7). Exposing oneself or masturbating in the presence of a child under 16 years old

But even for the first three of these crimes, the court must still make additional findings regarding the ages of the victim and perpetrator, whether force or coercion was involved, and other statutory factors before requiring registration.

How Long Must Juveniles Register as Sex Offenders in Florida? 

When a juvenile is required to register as a sex offender, the default rule is lifetime registration. However, there are some options for eventual removal from the Florida sex offender registry:

• Romeo and Juliet law. If the victim was between 14 and 17 years old, the accused was no more than four years older than them, and the sexual conduct was consensual, a juvenile may be able to be removed from the Florida sex offender registry under Florida’s Romeo and Juliet law. However, this law only applies to specific sex crimes. 
• 25-year petition. After 25 years, some juvenile registrants who have maintained a clean record may petition for removal from the registry.
• Overturned conviction. If the underlying offense is vacated on appeal or through post-conviction motions, the registration requirement can be lifted.

What Happens If the Florida Department of Law Enforcement Makes Errors in Juvenile Sex Offender Registration?

The Florida Department of Law Enforcement (FDLE) maintains the state sex offender registry. But the FDLE sometimes mistakenly adds juveniles to the registry without the proper qualifying offenses or court findings.

If your child was improperly registered, our skilled sex crime defense lawyers can petition the FDLE to review the case and correct the error. It's essential to address these mistakes quickly to minimize unwarranted consequences for your child.

The Heavy Consequences of Juvenile Sex Offender Registration in Florida

Being placed on the sex offender registry as a minor can derail a young person's entire future. The consequences are severe and often lifelong and include:

• Restricted housing options. Registered sex offenders cannot live within 1,000 feet of schools, childcare centers, parks, and other facilities. This can drastically limit housing choices.
• Barriers to higher education. Many colleges conduct background checks and deny admission to registered sex offenders.
• Employment challenges. Specific careers become off-limits, including those involving work with children, education, healthcare, and some government positions. Employers may refuse to hire registered offenders.
• Social stigma and isolation. Sex offender status carries a heavy social stigma that can lead to bullying, harassment, and difficulty forming relationships.
• Ongoing reporting requirements. Juvenile registrants must regularly update their information with law enforcement for a period of 25 years to life.

The impacts can touch every aspect of a young person's and their family's lives for decades.

How a South Florida Sex Crime Defense Lawyer Can Help 

The best way to protect your child's future is to avoid a conviction for a sex crime requiring a Florida juvenile sex offender registry in the first place. Our knowledgeable South Florida sex crime defense lawyers can build an aggressive defense by:

• Challenging the evidence and the prosecution's case
• Raising your child’s defenses to the underlying charges
• Filing motions to suppress evidence being used against your child that was improperly obtained or was seized in violation of your constitutional rights
• Negotiating for reduced charges or alternative dispositions through a plea bargain
• Arguing against the court making the required findings for registration
• Advocating for rehabilitative and age-appropriate resolutions