“Failing” to Register as a Predatory Offender in Minnesota is a felony. Failure to Register as a Sex Offender in Minnesota 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.
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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. That means if a juvenile is acquitted (innocent) of a sex crime triggering registration, but convicted of, for example, misdemeanor disorderly conduct, she would still be required to register as a predator offender for a minimum of ten years. The Law Punishes Innocent Juveniles, TooĪnother injustice embedded in Minnesota’s current predatory offender registration statute is that it requires juveniles adjudicated delinquent of any crime “arising out of the same set of circumstances “ as a crime listed in the registration statute triggers the requirement. Here is another law crying out for reform, to protect the innocent from injustice. And you did nothing wrong even remotely related to the listed “predatory offenses.”Īnd yet - still - the Minnesota law says you must register as a predatory offender or go to prison if you fail to do so. But it was someone else’s mistake or malicious accusation.
So, you face a false accusation of a crime. 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.” Joan of Arc The Law Punishes the Innocent But a conviction triggers it (not a prison commitment). The registration law does not involve community notification. That law is a scheme for community notification for some offenders after prison commitment. We must distinguish this law from Minnesota’s Community notification law. For example, the defense attorney may be able to challenge probable cause for the triggering charges at a Contested Omnibus Hearing. So, the defense attorney can help the accused avoid an outcome (disposition) that will result in having to register. However, if the judge dismissed all charges listed in the registration statute as triggering the requirement, for lack of probable cause, then the Defendant would not be required to register. Minnesota appellate courts have upheld the constitutionality of the statute’s registration requirement, even where all charges listed in the registration statute as triggering the requirement were dismissed or acquitted.
But, rare exceptions exist where the lowest level sex crimes were the most serious charge. Most sex crime convictions (and those “arising out of the same set of circumstances”) trigger the registration requirement. Most but not all of the offenses of conviction listed in Minnesota’s Predatory Offender Registration law are sex offenses. But most know it as Minnesota’s Sex Offender Registration law. Now we now call it Minnesota’s Predatory Offender Registration statute.
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