A common concern many of my clients facing sex crime charges have is whether or not they will be required to register as a sex offender. Sex offender registry is mandatory in some circumstances in Wisconsin, and discretionary (meaning, the judge can elect to order an offender to register or not) in certain circumstances.
When is sex offender registry required?
With any felony sexual assault conviction in Wisconsin, assuming that the age difference between the offender and the alleged victim is more than three years, a person will be required to register as a sex offender. The length of time one has to register as a sex offender varies depending upon the degree of seriousness of their felony conviction.
When can the judge decide if registry is required?
Judges have discretion when a sexual assault conviction is a misdemeanor offense, and in certain other criminal convictions where the judge suspects that an offense may have been sexually motivated, even if the conviction doesn’t contain the words “sexual assault”. Additionally, juvenile defendants are often spared the burden of sex offender registration. Finally, in cases where there is a small (three year) age gap between the offender and the victim, the judge may elect to decline to force someone to register.
What happens if someone is ordered to register and doesn’t?
In Wisconsin, failing to comply with sex offender registry requirements is an H felony, punishable by up to six years in the Wisconsin State Prison and a $10,000.00 fine.
If you are concerned with facing charges relating to a sexual offense, contact a qualified Dane County, Wisconsin criminal defense attorney such as Terry Frederick today.
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