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Critics Say New Sex Offender Law Is Too All-Inclusive

By Rachel Abell

EL PASO — A new federal sex offender law is receiving harsh criticism over creating a new registry with ‘offenders’ who are as young as 14.

Those who oppose the Adam Walsh Child Protection and Safety Act include several county prosecutors and Texas lawmakers who are normally very tough on sexual offenders. A major point of contention is the effort to create a national sex offender web site registry which would include convicted juveniles as young as 14 years old.

Critics in Texas say the legislation, which was passed by Congress and signed by the President, is so sweeping that it would include juveniles who engage in consensual sex with children under 13 in the same category as armed adult rapists and pedophiles.Based on the circumstances, some of these registrations might stand for the life of the individuals involved.

Beyond the social stigma attached with such an identification, critics assert that the law is also financially difficult for local communities. They say more money would be spent on enforcing the law than a state would get for complying with it.

Others say the enactment could actually have an opposite effect than what is intended by increasing, not reducing, sexual assaults. Families would have less incentive to turn in young offenders and more assaults may go unreported.

The state of Texas’ Sex Offender Registry has included juveniles for some time already, but that inclusion is not automatic. Judges make the final determination on which offenders should be registered. The new national act would give states until July 2009 to comply fully with the law at the risk of losing millions of dollars in federal funding for combating sexual assault.

A few states are already complying with the law, but others, like Texas, are moving more slowly to implement changes in order to comply. Final guidelines for the legislation are expected to be released by the Justice Department by spring 2008.

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