A.W. v. Wood, No. 16-1898 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit held that Nebraska's Sex Offender Registration Act (SORA), Neb. Rev. Stat. 29-4003(1)(a)(iv), did not apply to A.W., as a juvenile delinquent that engaged in conduct constituting first-degree criminal sexual conduct in Minnesota. Under both Minnesota and Nebraska law, an adjudication of delinquency was not a criminal proceeding, nor did it result in a conviction; the plain and ordinary meaning of "sex offender" was to be ascertained with respect to Nebraska law; and "sex offender" was ordinarily understood as a person who has been convicted of a crime involving unlawful sexual conduct.
Court Description: Beam, Author, with Riley and Shepherd, Circuit Judges] Civil case - Sex Offender Registration. The registration provisions of Nebraska's Sex Offender Registration Act, Neb. Rev. Stat. Section 20-4003(1)(a)(iv), do not apply to a juvenile adjudicated delinquent for conduct constituting first-degree sexual conduct in Minnesota; the term "sex offender" as used in the Act requires a criminal conviction for unlawful sexual conduct, and a juvenile delinquency adjudication does not fall within the meaning of that term, and the juvenile is not subject to the requirements of the Act.
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