Caselaw/Sex Offender Registration Update - Terri Johnson, Assistant Juvenile Defender

The impact of sexual offenses in juvenile court often create confusion with the youth, the parents/caretakers, alleged victims, and stakeholders including law enforcement, court counselors, assistant district attorneys and defense counsel. Youth and parents are often informed by law enforcement, social workers, and others that juvenile court records are “sealed”, and an admission and subsequent adjudication will help obtain appropriate services for the youth without any long-term negative consequences. This often leads to difficult conversations regarding the possibility of registration as a sex offender. Registration includes the possibility of registration following a move to other states, sometimes on public registries. Advising clients and families regarding registration laws following a move to or from North Carolina can be complicated.

The Court of Appeals has recently addressed the issue of registration in North Carolina following an out-of-state adjudication in State v. Jackson (no. COA24-731, August 2025). L.J., Defendant, was adjudicated delinquent for first degree rape in Delaware in 2008. The alleged victim was a younger sibling. Following his adjudication, L.J. was placed on the sex offender registry in Delaware in July of 2008. L.J. moved to North Carolina and was notified to register on the North Carolina sex offender registry in March of 2022. L.J. then filed a Petition for Judicial Determination of Sex Offender Registration Requirement. The court ordered registration. On appeal, L.J. argued that a juvenile adjudication was not a “reportable conviction.” The Court of Appeals decided that N.C.G.S. 14-208.6(4)(b) requires that North Carolina follow the law of the jurisdiction where the offense was adjudicated. Delaware law defined conviction to include delinquency adjudications. Despite conflicting language in the Delaware juvenile statutes, the Court relied on the language specific to registration.

Defenders should be aware of this case and advise clients appropriately that registration requirements depend on the laws of both states. Registration for certain sexual offenses is covered in the Juvenile Code under 7B-2509. While 7B-2509 sets out the limitations on age and offenses for juvenile sex offender registration, N.C.G.S. 14-208.26 through 14-208.32 outline the procedure for juvenile registration. Counsel should likewise be familiar with Federal registration requirements under SORNA (Sex Offender Registration and Notification Act, sometimes referred to as the Adam Walsh Act). Under SORNA, a youth adjudicated of a sexual offense in North Carolina may be subjected to registration on a publicly accessible registry following a move to another state and vice versa. For additional information regarding SORNA, the Department of Justice maintains information here. Always feel free to reach out to OJD for questions or to have a consultation.