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In re Ronnie A.

In the Interest of RONNIE A., a Minor Under the Age of Seventeen, Appellant

In re Ronnie A., 585 S.E.2d 311 (S.C. 2003)
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Court
Supreme Court of South Carolina · State Highest Courts
Decided
August 11, 2003
Docket
No. 25696
Judges
Moore, Toal, Waller, Burnett, Pleicones
Citations
585 S.E.2d 311355 S.C. 4072003 S.C. LEXIS 183

Opinion — Moore

*409 Justice MOORE:

At age eleven, appellant was adjudicated delinquent for committing first degree criminal sexual conduct with a minor (CSCM). He was nine years old at the time of the offense. Appellant contends the family court’s order requiring him to register as a sex offender violates due process. We affirm.

DISCUSSION Under S.C.Code Ann. § 23-3-430(0(4) (Supp.2002), appellant is required to register as a sex offender because of his adjudication for first degree CSCM. This section applies to “any person regardless of age ... who has been adjudicated delinquent” for certain sex offenses. § 23-3-430(A). Because appellant was under the age of twelve at the time of his adjudication, however, information collected for the registry may not be made available to the public. S.C.Code Ann. § 23-3-490(D)(3) (Supp.2002).

1

Appellant contends the lifelong “stigma” of registration violates due process because he was a juvenile at the time of his offense.

The substantive due process guarantee requires a rational basis for legislation depriving a person of life, liberty, or property.

In re: Care and Treatment of Luckabaugh, 351 S.C. 122 , 568 S.E.2d 338 (2002). The burden of showing that a statute is unreasonable falls on the party attacking it on due process grounds.

Id.; State v. Hornsby, 326 S.C. 121 , 484 S.E.2d 869 (1997).

We recently held sex offender registration, regardless of the length of time, is non-punitive and therefore no liberty interest is implicated.

Hendrix v. Taylor, 353 S.C. 542 , 579 S.E.2d 320 (2003). The intent of the legislature in enacting the sex offender registry law is to protect the public from those offenders who may re-offend.

State v. Walls, 348 S.C. 26 , 558 S.E.2d 524 (2002). The registration of offenders, including juveniles who have proved themselves capable of certain sex offenses, is rationally related to achieving this legitimate objective.

Accord In re: Joseph G., 240 Wis.2d 481 , 623 N.W.2d 137 (2000). Appellant has offered no valid basis *410 upon which to distinguish juvenile sex offenders for purposes of due process.

Further, since the registry information will not be made available to the public because of appellant’s age at the time of his adjudication, there is no undue harm to his reputation even if we were to recognize a liberty interest in a juvenile’s reputation.

Cf. In re: M.A.H., 20 S.W.3d 860 (Tex.App.2000) (noting no authority for finding juvenile’s reputation is a protected liberty interest).

Accordingly, we hold the requirement that appellant register as a sex offender under § 23-3-430 does not violate due process.

AFFIRMED.

TOAL, C.J., WALLER, BURNETT and PLEICONES, JJ., concur.

1

. Registry information remains available to law enforcement under subsection (E).

How later courts describe this case

Explanatory parentheticals written by citing courts — 18 in all; the most informative distinct ones are shown.

Cited by 19 cases

View all citing references →
2008: 22009: 22012: 12013: 42014: 42015: 22016: 12017: 12021: 220082026peak 2013 · 4

Relies on it most ⓘ

  1. In the Interest of Justin B.799 S.E.2d 675 (S.C. 2017)
  2. In re C.P.2012 Ohio 1446
  3. In the Interest of Justin B.747 S.E.2d 774 (S.C. 2013)
  4. People in the Interest of J.O.2015 COA 119, 383 P.3d 69
  5. People ex rel. Z.B.2008 SD 108, 757 N.W.2d 595
  6. In re Shaquille O'Neal B.684 S.E.2d 549 (S.C. 2009)

Most recent

  1. Powell v. KeelNo. 2019-001063 (S.C. June 9, 2021)
  2. Christopher H.No. 2017-001257 (S.C. Ct. App. Feb. 3, 2021)
  3. In the Interest of Justin B.799 S.E.2d 675 (S.C. 2017)
  4. State v. AlfordNo. 2016-UP-364 (S.C. Ct. App. July 20, 2016)
  5. Dean v. KeelNo. 2015-MO-065 (S.C. Nov. 4, 2015)
  6. People in the Interest of J.O.2015 COA 119, 383 P.3d 69

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
In re the Treatment & Care of Luckabaugh, 568 S.E.2d 338 (S.C. 2002) 96
State v. Walls, 558 S.E.2d 524 (S.C. 2002) 30
State v. Hornsby, 484 S.E.2d 869 (S.C. 1997) 23
State v. Joseph E. G., 2001 WI App 29, 623 N.W.2d 137 19
Hendrix v. Taylor, 579 S.E.2d 320 (S.C. 2003) 18
In re M.A.H., 20 S.W.3d 860 (Tex. App. 2000) 49

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