Wisconsin Sex Offender Registration Lawyers in Milwaukee & Waukesha
Criminal Defense Lawyers Dedicated to Protecting Your Future, Your Reputation & Your Freedom
Wisconsin Statute 301.45 defines who is required to register as a sex offender, and the exceptions to the registration requirement.
To whom does sex offender registration apply?
In general, sex offender registration applies to anyone who is convicted or adjudicated delinquent; sentenced to prison, juvenile corrections, residential treatment, probation, extended supervision, parole, aftercare supervision; found not guilty by reason of mental disease or defect; is in institutional care, conditional transfer or conditional release, is on lifetime supervision for a sex offense in Wisconsin or a comparable sex offense from another jurisdiction; and anyone ordered by a judge to comply after a finding that the person was a child in need of protection or services, for a sex offense. Wisconsin Statutes 301.45(1g).
To what offenses does sex offender registration apply?
Sex offenses subject to registration include convictions for a violation, or the solicitation, conspiracy, or attempt to commit a violation, of any of the following: 1st, 2nd or 3rd degree sexual assault; human trafficking if the trafficking is done for the purposes of a commercial sex act; sexual exploitation by a therapist; incest; possession of child pornography; 1st or 2nd degree sexual assault of a child; repeated acts of sexual assault with a child; sexual assault of a child placed in substitute care; sexual assault of a child by a school staff person or a person who works or volunteers with children; sexual exploitation of a child; trafficking of a child; causing 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; exposing a child to harmful materials, or harmful descriptions or narrations; child sex offender working with children; abduction of another's child; false imprisonment or kidnapping if the victim was a minor and the person who committed the offense was not the victim's parent. Wisconsin Statutes 301.45(1d)(b)
What are the exceptions to the requirement to register as a sex offender?
Underage sexual activity.
A person is not required to comply with the registration requirements if all of the following apply:
- The person is convicted or adjudicated delinquent for a sex offense; is in prison, a juvenile correctional facility, or a secured residential care center for children and youth or is on probation, extended supervision, parole, supervision, or aftercare supervision for a sex offense or for a violation, or for the solicitation, conspiracy, or attempt to commit a violation, of a law of this state that is comparable to a sex offense; is found not guilty or not responsible by reason of mental disease or defect for a sex offense; is in institutional care or on conditional transfer, or conditional release for a sex offense or for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to a sex offense; based on any violation, or on the solicitation, conspiracy or attempt to commit any violation, of:
1st or 2nd Degree Sexual Assault of a Child, or
Repeated Acts of Sexual Assault of the Same Child, or
Sexual Assault of a Child Placed in Substitute Care by a Person who works or volunteers at the facility.
- The above violation, or the solicitation, conspiracy or attempt to commit the above violation did not involve sexual intercourse either by the use or threat of force or violence, or with a victim under the age of 12 years.
- At the time of the above violation, or of the solicitation, conspiracy or attempt to commit the above violation the person had not attained the age of 19 years and was not more than 4 years older or not more than 4 years younger than the child.
- It is not necessary, in the interest of public protection, to require the person to comply with the reporting requirements under this section.
A person also is not required to register if:
- A person is required to register based solely on an order that was entered adjudging a juvenile delinquent to be subject to sex offender reporting for certain offenses and the delinquency adjudication or conviction is expunged.
- A person is required to register based solely on an order that was entered committing someone involuntarily for treatment under s. 51.20 (13) (ct) 1m., or adjudging a juvenile found in need of protection or services or delinquent to be subject to sex offender reporting for certain offenses, or adjudging someone not guilty by reason of mental disease or defect for a violation of certain offenses, or has been ordered to report as a sex offender based on a violation of certain offenses in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of Wisconsin Statutes Â§ 942.09, if:
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For more information about our Milwaukee sex crime lawyer, Waukesha criminal defense attorney, or about any of the other legal services available from our Waukesha & Milwaukee law firm, please contact us today! Click here for links to Wisconsin courts, jail inmate locators, and other criminal law resources.
Registering as a sex offender in Wisconsin is often a humiliating experience that can follow someone for the rest of their lives even after they have "paid their debt to society."? In certain circumstances, it is possible to avoid the sex offender registry by petitioning the court. It is very important how the motion is presented and as knowledgeable criminal defense attorneys familiar sex offender registration and this application process, we can assist you through this critical step towards protecting your future if you qualify.
Whether you were convicted of a sex offense in Milwaukee, WI or in another state, you may be required to register annually (except people subject to lifetime registration must register every 90 days) and stay on a sex offender registry anywhere from the amount of time specified by the court, or fifteen years to the rest of your life. When you are on the Wisconsin sex offender registry, the state maintains a significant amount of your personal data in their registry, including your name and any aliases; your identifying information such as your date of birth, gender, race, height, weight and hair and eye color; which sex offense you committed that subjects you to the reporting requirements; your date of conviction, adjudication or commitment; the county or state in which you were convicted, adjudicated or committed; and any of the following: the date on which you were placed on probation, supervision, conditional release, conditional transfer or supervised release; the date on which you were or will be released from confinement, whether on parole, extended supervision or otherwise, or discharged or terminated from a sentence or commitment; the date you entered the state; the date you were ordered to comply with this section; the address at which you are or will be residing; the name of the agency supervising you, if applicable, and the office or unit and telephone number of the office or unit that is responsible for your supervision; the name or number of every electronic mail account you use, the Internet address of every Web site you create or maintain, every Internet user name you use, and the name and Internet address of every public or private Internet profile you create, use, or maintain; the name and address of the place at which you are or will be employed; the name and location of any school in you are or will be enrolled; and for some people, a notation concerning the treatment that you have received for certain mental disorders. In addition, if any of the above information changes, you have up to 10 days to report the change from the date the change occurs.
Wisconsin Sex Offender Registration
Penalties for failure to comply with sex offender registration requirements:
Whoever knowingly fails to comply with any requirement to provide the certain information, or who intentionally violates a restriction on certain registrants establishing or changing residence, is subject to the following penalties:
1. Except as provided below, the person is guilty of a Class H felony.
- The person was ordered to comply with the reporting requirements under this section based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.
- The person was not convicted of knowingly failing to comply with any requirement to provide information before committing the present violation.
- The court provided in the order that the person be released from the requirement to comply with the reporting requirements under this section upon satisfying the conditions of specific court orders, or upon the termination or expiration of a commitment order, or upon successful completion of the sentence or probation, and
- The person satisfies the conditions of the court order or the dispositional order, or the commitment order is terminated or expires, or the person successfully completes the sentence or probation.
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