In re O.M.

Juvenile Law Center, along with Westmoreland County Public Defenders Wayne McGrew and Mark Ramsier, appealed the imposition of sex offender registration on O.M., a 17-year-old adjudicated of rape for engaging in a consensual sexual relationship.  

Although the trial court held that the adjudication required O.M. to be placed on the sex offender registry, it reasoned that registration is contrary to the rehabilitative goals of the juvenile justice system and should be found unconstitutional. On appeal, Juvenile Law Center and PDs argued that juvenile sex offender registration violates the Pennsylvania and United States constitutions and the Pennsylvania Juvenile Act.

The registration obligation and onerous reporting obligations (including in-person reporting every 90 days or whenever a change in circumstance occurs) impose disproportionately harsh punishment in violation of the Eighth Amendment's prohibition against cruel and unusual punishment. With no evidence of an increase in public safety accompanying registration and documented, exceptionally low risk of reoffense, juvenile registration serves no legitimate or compelling state interest.

Juvenile Law Center also argued that O.M.’s rights to procedural due process have been violated and, because registration results in stigma, including direct and indirect notification to individuals in the community, it violates the Pennsylvania Constitution’s express protection of reputation. Finally, the registration requirement contravenes the rehabilitative principles of the Juvenile Act.

On April 17, 2015, in light of the Supreme Court’s holding In re J.B., the Superior Court vacated the trial court’s holding that O.M. be placed on the sex offender registry.