Now we now call it Minnesota’s Predatory Offender Registration statute. But most know it as Minnesota’s Sex Offender Registration law.
Most but not all of the offenses of conviction listed in Minnesota’s Predatory Offender Registration law are sex offenses. Most sex crime convictions (and those “arising out of the same set of circumstances”) trigger the registration requirement. But, rare exceptions exist where the lowest level sex crimes were the most serious charge.
The defense attorney can help the accused avoid an outcome that will result in having to register.
We must distinguish this law from Minnesota’s Community notification law. That law is a scheme for community notification for some offenders after prison commitment.
The registration law does not involve community notification. But a conviction triggers it (not a prison commitment).
What is the most unjust aspect of Minnesota’s Sex Offender Registration law? It requires predatory offender registration for those charged with, but not convicted of, a listed “predatory offense.”
So, you face a false accusation of a crime. And you are innocent-in-fact. But it was someone else’s mistake or malicious accusation. And you did nothing wrong even remotely related to the listed “predatory offenses.”
And yet — still — the Minnesota law says you must register as a predatory offender or go to prison if you fail to do so. Here is another law crying out for reform, to protect the innocent from injustice.
Sex Offender Registration law: Minnesota Statutes Section 243.166, titled “REGISTRATION OF PREDATORY OFFENDERS,” requires affected people to register for, at minimum ten years, up to life for some. It applies to those convicted in Minnesota “or any offense from another state or any federal offense similar to the offenses described” in the statute.
Failure to Register as a Sex Offender in Minnesota
“Failing” to Register as a Predatory Offender in Minnesota is a felony. Prison time is possible under the Minnesota Sentencing Guidelines or the Mandatory Minimum Sentencing provisions of the statute.
As defense attorneys, if faced with a client conviction triggering Minnesota’s Sex Offender Registration law; we will seek to help the client avoid prison and get probation instead.
Question? Call Minneapolis Sex Crimes Defense Lawyer Thomas C. Gallagher at (612) 333-1500.