In re K.L.A.

K.L.A., a juvenile, was adjudicated delinquent on the charge of aggravated incest and required to register as a sex offender. After his discharge from the Louisiana Department of Public Safety, he was informed that as a registered sex offender, he was required to obtain a driver’s license and/or an identification card marked in orange with the words “SEX OFFENDER.”

K.L.A. filed a motion for injunction/cease and desist order/ stay order against this driver’s license requirement. The trial judge granted K.L.A.’s motion and the intermediate court affirmed the trial court. The State of Louisiana appealed to the Louisiana Supreme Court.

Juvenile Law Center filed an amicus brief in the Louisiana Supreme Court supporting K.L.A. Our brief argued that placing the words “sex offender” on K.L.A.’s driver’s license imposes stigma and restrictions in violation of procedural due process, as well as infringes his reputation rights which are expressly protected by the Louisiana Constitution. Moreover, scientific research confirms that children are different from adults and the law reflects these differences. These recognized differences are equally true with regard to children who engage in sex offenses.

Requiring the words “sex offender” to be emblazoned on a youth’s driver’s license amounts to community notification and leads to repeated public disclosure of the child’s status on the registry, reinforcing the false perception that the child is dangerous and likely to reoffend.

Our brief also argued that the registration and notification obligation, which rests on the underlying adjudication of delinquency, is not preceded by any individualized determination of its need or any demonstration of its effectiveness, which further denies the child procedural due process.

On June 30, 2015, the Louisiana Supreme Court ruled that KLA is not required to mark his driver’s license with the words “Sex Offender” because he is not required to register as a sex offender under Louisiana state law.