To Register or Not to Register … THAT IS THE QUESTION!
At Jones Law Firm we handle a lot of cases involving sex offenses. The consequences of being convicted of a sex offense are often very severe. The penalties are not only severe because of a potential jail or prison time. In Wisconsin, individuals convicted of sex offenses must comply with the requirements of the sex offender registry. There are also other crimes for which sex offender registration is mandatory. The court also has the discretion to order a person to register as a sex offender if he is convicted of other crimes if the court finds that the offense was sexually motivated.
What does the law say?
Under Wisconsin Statute 301.45(1d)(b) and (1g), sex offender registration is mandatory for a person who is convicted of first, second, or third-degree sexual assault of an adult, first or second-degree sexual assault of a child, repeated acts of sexual assault of the same child, sexual exploitation by a therapist, sexual exploitation of a child, trafficking of a child, forcing a child to view or listen to sexual activity, incest with a child, child enticement, use of a computer to facilitate a child sex crime, soliciting a child for prostitution, sexual assault of a child placed in substitute care, sexual assault of a student by a school instructional staff person, exposing a child to harmful materials, and possession of child pornography, among others. Registration is also mandatory for a person found to be sexually violent under Chapter 980. Mandatory means the judge has no authority, no discretion, on this issue. The judge is required to order such a person to comply with the requirements of the sex offender registry.
Under Wisconsin Statute 973.048(1m)(a), a court may require a person convicted of a variety of other crimes, like various forms of battery, strangulation and suffocation, false imprisonment, stalking, intimidation of a witness or a victim, fourth degree sexual assault, lewd and lascivious behavior, soliciting prostitutes, or crimes against children, and even crimes like criminal damage to property, arson, burglary, or criminal trespass, to register as a sex offender. Before a judge can exercise his or her discretion to require sex offender registration, the judge must determine that the underlying conduct was sexually motivated and that it would be in the interest of public protection.
Conduct is “sexually motivated” if one of the purposes for the act is the sexual arousal or gratification of the person who committed it, or for the sexual humiliation or degradation of the victim.
In reaching a determination about the interest of public protection, the judge may consider the age of the defendant and the victim at the time of the crime, the relationship between the defendant and victim, whether the crime resulted in bodily harm to the victim, whether the victim was mentally ill, and the probability that the defendant will commit other similar acts in the future.
Who has access to sex offender registry information?
The Wisconsin Department of Corrections explains that the state's Sex Offender Registration Program collects a variety of information from registrants including the street address where a person lives.
Various entities can obtain details on a registrant including law enforcement officials, neighborhood groups, victims and even the general public. However, exactly what details are provided will vary based upon the type of person seeking it. The general public, for example, may not see all of the same information that a police unit member may obtain.
How can registry information be obtained?
Details on a registered sex offender can be retrieved online. People can search by specific address, person's name or the name of a daycare or school. They can also sign up to receive notifications if a registered sex offender moves in or out of a specific area.
What information is collected by the program?
The Wisconsin State Legislature notes that among the details that must be provided to the program are the following:
· Personal identification data such as height, weight, date of birth, eye color, gender and
race.
· Details about the offense for which the person was convicted.
· Registrant status information such as when probation begins and ends as well as release
dates from prison.
· Electronic identifiers including email addresses, online user names and IP addresses.
· Names of any employers or schools to be attended.
Names should include any known aliases as well as formal legal names. Supervising officers or others can also be included in an offender's registrant profile.
What happens if a registration is not completed or updated?
Registration should occur every year or within 10 days of any change of residence or other pertinent details. Failure to comply with these orders can result in charges as a Class H felony. Defendants can be forced to serve additional time in prison and to pay fines.
How long is someone required to comply with sex offender registration?
For many sex offenses, the person must comply for 15 years following his or her discharge from probation, parole, or extended supervision. A person who has been convicted of first or second-degree sexual assault of either an adult or a child, repeated acts of sexual assault of the same child, sexual assault of a child placed in substitute care, a person who has been found to be sexually violent under Chapter 980, or convicted two or more time of any sex offense must comply with the sex offender registration for life. If a court finds that a non-sex offense conviction is sexually based and the interests of public protection favor sex offender registration–that is, that the court exercises its discretionary authority to require registration–the court may order lifetime registration.
Implications of Registration
The consequences of sex offender registration can be quite onerous. The U.S. Department of Justice conducted a study of Wisconsin’s sex offender community notification program, including interviews with sex offenders. Those interviewed reported loss of jobs, denial of housing and the breakup of personal relationships as consequences of expanded notification and subsequent publicity.
Because of the serious implications of being placed on a sex offender registry, it is most important that if you are facing charges for a sex crime you consult an experienced criminal defense attorney.
Contact us today to set up a free consultation. We have the experience you need. Please contact us by text or phone at (414) 774-6000 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
