Failure to Register as a Sex Offender Penalties

If you are convicted of a sexual crime in Wisconsin, you may wonder, “Is failure to register as a sex offender a felony?” Under Wisconsin law, you can be charged with a Class H felony for failure to register as a sex offender. If you are accused of failing to register with the Wisconsin Sex Offender Registry, a judge can issue a warrant for your arrest. A conviction for failure to register could result in prison time.

At Hart Powell, S.C., we understand that determining whether you must register can be confusing. If you relocate or change jobs, you might wonder whether you must update your registration information. Rest assured, if you have concerns about what to do, the experienced criminal defense attorneys at Hart Powell, S.C. are here to answer all your questions.

Do You Have to Register as a Sex Offender in Wisconsin?

Yes, you must because failure to register as a sex offender can result in a felony charge. What does failure to register mean? It means that after a sex crimes conviction, you failed to enter the required information into the state registry. This lack of action subjects you to serious penalties, including prison time and fines.

In addition to those convicted of sex crimes by a Wisconsin court, sex offenders who live, work, or attend school in Wisconsin must also register, including:

• A sex offender required to register with another state/jurisdiction, including juveniles
• Those individuals convicted of a sex crime by a military, tribal, or federal court
• A sex offender convicted in another state of a sexual offense similar to one of Wisconsin’s sex crimes requiring registration, including juveniles
• Any juvenile on supervision who enters the state under the Interstate Compact Agreement

Law enforcement agencies and the general public, including neighborhood associations and victims of sex crimes, can view the sex offender information on the registry.

What Is the Statute of the Sex Offenders Registry in Wisconsin?

The Wisconsin statute that governs sex offender registration is 301.45. It shows that if you get a conviction or receive an adjudication that you’re delinquent for a sex offense, you must register. Some of the sexual offenses which require registration include the following:

• First, second, or third-degree sexual assault of an adult
• First or second-degree sexual assault of a child
• Sexual exploitation of a child
• Trafficking or soliciting a child for prostitution
• Sexual exploitation by a therapist
• Possession of child pornography

Registration is subject to specific, limited exceptions, some of which stem from your age and the victim’s age. You may seek a court determination concerning whether you must comply with the registration requirements.

Among other information, you must provide extensive information concerning your background and the sexual offense when registering, including:

• Your name and any aliases
• Identification information, including your date of birth, gender, race, height, weight, hair color, and eye color
• The statute you violated that requires registration and the date of the conviction, adjudication, or commitment, including the county or state of the conviction if it was not Wisconsin
• Your address
• Your employer or school

Under certain circumstances, annual registration is necessary, or you may be required to update the registry with your updated address or if you relocate to another state for school or work.

Updates can be reported to the Wisconsin Sex Offender Registry as follows:

• Call the 24-hour Assistant (recording) at 888-963-3363 or speak to staff during business hours at 608-240-5830.
• Email DOCBOPADMIN@Wisconsin.gov
• Fax to 608-240-3355
• Mail a note to Wisconsin DOC SOR, PO Box 7925, Madison, WI 53707-7925.
• Online via the Registrant Portal at SORWI.gov

Can You Get Off the Sex Offender Registry Early in Wisconsin?

Many sex offenses in Wisconsin require you to register for fifteen years after your discharge from probation, supervision, or parole. However, if you are convicted of the most serious sex crimes, including a repeat offense, or if you are guilty of certain violent sexual acts, you must register for your lifetime.

Your attorney can advise you whether any circumstances exist that may warrant early removal, which would entail filing a petition for the court’s consideration and demonstrating that you are no longer a threat to public safety. These situations are limited and require the analysis and assistance of a criminal defense attorney.

What Is the Penalty for Not Registering as a Sex Offender in Wisconsin?

If you do not register (or are considering not registering), you may wonder, “What is the sentence for failure to register?” The penalties are significant, including a Class H felony conviction. If the following circumstances exist, you could be fined up to $10,000 or imprisoned up to nine months (or both):

• You were ordered to comply with the reporting requirements based on a finding that you committed or solicited, conspired, or attempted to commit a misdemeanor.
• You were not convicted of knowingly failing to comply with any requirement to provide information before committing the present violation of failing to register.

A judge may order these penalties if you fail to report or update the registry when required. Although a lower-level felony, it still carries felony consequences in Wisconsin.

Do Any Defenses for Failure to Register as a Sex Offender Exist?

Because the penalties for failure to register as a sex offender require you to “knowingly” fail to comply, circumstances may exist such that you could argue you did not have the requisite knowledge to register. However, this would be difficult to prove, especially if the judge specifically orders registration or you have an attorney who should know the law and instruct (or assist) you in registering.

Contact  a Wisconsin Criminal Defense Attorney Today

At Hart Powell, S.C., we understand how a conviction of a sexual offense can be a dark time in your life. You do not have to navigate it alone. If you have questions about post-conviction obligations, including whether you must register on the Wisconsin sex offender registry or if you must update your registration information, we can help. Call us today at (414) 271-9595 or contact us online to speak to a skilled and knowledgeable sex crimes defense attorney in a confidential consultation.