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HAMILTON — Throughout the state, law enforcement Web sites list court-labeled sex offenders' names, addresses, descriptions and photos to help residents stay safe.

But not all offenders make the list, depending on how each of Ohio's

88 county's interprets the law.

Until recently, the Butler County Sheriff's Office did not list juvenile sexual offenders who were required to register in the county, and the county also did not consider those records part of the public's right to know.

"Early on, we sought an opinion from the attorney general's office about juveniles and were told they weren't public record and especially could not be posted on the Web site," said Chief Deputy Anthony Dwyer.

That changed a couple weeks ago, with an inquiry for records on sexual offenders registered in Butler County and an opinion of the ambiguous law from the county Prosecutor's Office stating certain juvenile offenders, depending on their crimes, are fair game for Web site posting.

"Our local prosecutor's office researched the law and said some were and some weren't eligible to be posted and they are all public record," Dwyer said.

The Butler County Web site now includes registration information about juveniles convicted of aggravated murder, murder, felonious assault, rape or attempt of those crimes and who have been classified by the court as a sexual offender or habitual sex offender that requires public notification, according to county Assistant Prosecutor Jennifer Muench-McElfresh.

The Ohio Revised Code specifically states information provided by an offender and in possession of a county sheriff are records open to pubic inspection and "shall be included in the Internet sex offender and child-victim offender database ..."

The confusion comes from the second portion of the law that states, "except" when the act that is the basis of a child's classification as a juvenile sex offender registrant is a violation of, or an attempt to commit aggravated murder, murder, felonious assault or rape, that was committed with a purpose to gratify the sexual needs or desires of the child, "the sheriff shall not cause to be publicly disseminated by means of the internet any (information) ..."

"What does that mean?" Dwyer said with exasperation.

Muench-McElfresh said the way she reads the law, juveniles convicted of specific egregious crimes and who have a sex classification that requires public notification are to be posted.

The Office of newly elected Ohio Attorney General Marc Dann referred questions about the law to an opinion issued in 2002 by then-Attorney General Betty Montgomery.

That opinion seems to give sheriffs a bit of "wiggle room," Muench-McElfresh said, by noting a county sheriff must exercise discretion in assuring public access records do not compromise the safety or integrity of the records or interfere with the discharge of his official duties.

"But it doesn't change my opinion of the law," she said.

The attorney general's office did not return calls seeking comment or explanation of the opinion.

To further muddy the waters, Ohio's Electronic Sex Offender Registration and Notification Web site maintained by the attorney general's office that is the basis of many county sheriff's Web sites states, "By law, the eSORN public Web site may only contain information on offenders who have been convicted in adult criminal court."

That statement seems to be contradictory to the law and opinion referenced by the attorney general's office.

"It's inconsistent," Muench-McElfresh said.

Maj. John Newsom of the Warren County Sheriff's Office said their Web site links directly to the eSORN site and does not include any juvenile offenders.

But, he noted, juvenile registrants' information is public record and is provided to residents who ask for a complete list of sexual offenders registered in Warren County.

"Keep in mind, most of the juveniles who commit crimes like murder or rape would be tried as adults in this county. If that happens, all bets are off," said Lt. Jerry Mays of the Warren County Sheriff's Office.

Muench-McElfresh agreed juveniles tried as adults get the same treatment as adults, including Web postings, despite their age.

The question is with those convicted in juvenile court.

Mays said he has registration information from two juveniles who are sexual offenders with specific orders from the court for their information not to be posted on the Web site.

"I don't know if that is part of a plea agreement or what," Mays said, adding it would be helpful if all law enforcement Web sites linked to eSORN rather that independently collected information so that there is uniformity.

Muench-McElfresh said Butler County is trying to comply with the law that "does protect the rights of some juveniles while protecting the public's right to know."