301.45(5m)(b)1.1. The person is registered as a sex offender in another state or is registered as a sex offender with the federal bureau of investigation under 42 USC 14072 and the person is required to register with that other state or with the federal bureau of investigation until his or her death. 301.45(5m)(b)2.2. The person has been convicted or found not guilty or not responsible by reason of mental disease or defect for a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085, or for the solicitation, conspiracy or attempt to commit a violation, of a federal law, a military law, a tribal law or a law of any state that is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside or vacated is not a conviction or finding for purposes of this subdivision. 301.45(5m)(b)3.3. The person has been convicted 2 or more times, including convictions that were part of the same proceeding, occurred on the same date, or were included in the same criminal complaint, for a sex offense or for a violation, or the solicitation, conspiracy, or attempt to commit a violation, of a federal law, military law, tribal law, or law of any state that is comparable to a sex offense; has been found 2 or more times, including findings that were part of the same proceeding, occurred on the same date, or were included in the same criminal complaint, not guilty or not responsible by reason of mental disease or defect for a sex offense or for a violation, or the solicitation, conspiracy, or attempt to commit a violation, of a federal law, military law, tribal law, or law of any state that is comparable to a sex offense; or has been convicted one time for a sex offense or for a violation, or the solicitation, conspiracy, or attempt to commit a violation, of a federal law, military law, tribal law, or law of any state that is comparable to a sex offense and has been found one time not guilty or not responsible by reason of mental disease or defect for a sex offense, or for a violation, or the solicitation, conspiracy, or attempt to commit a violation, of a federal law, military law, tribal law, or law of any state that is comparable to a sex offense. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside, or vacated is not a conviction or finding for purposes of counting the number of convictions or findings under this subdivision. 301.45(5m)(b)4.4. A determination has been made as provided under 42 USC 14071 (a) (2) (A) or (B) that the person is a sexually violent predator, or lifetime registration by the person is required under measures approved by the attorney general of the United States under 42 USC 14071 (a) (2) (C). 301.45(6)(a)(a) Whoever knowingly fails to comply with any requirement to provide information under subs. (2) to (4) is subject to the following penalties: 301.45(6)(a)1.1. Except as provided in subd. 2., the person is guilty of a Class H felony. 301.45(6)(a)2.2. The person may be fined not more than $10,000 or imprisoned for not more than 9 months or both if all of the following apply: 301.45(6)(a)2.b.b. The person was not convicted of knowingly failing to comply with any requirement to provide information under subs. (2) to (4) before committing the present violation. 301.45(6)(ag)(ag) Whoever intentionally violates sub. (4r) is subject to the following penalties: 301.45(6)(ag)1.1. Except as provided in subd. 2., the person is guilty of a Class H felony. 301.45(6)(ag)2.2. The person may be fined not more than $10,000 or imprisoned for not more than 9 months or both if all of the following apply: 301.45(6)(ag)2.b.b. The person was not convicted of another offense under sub. (4r) before committing the present violation. 301.45(6)(am)(am) Whoever knowingly fails to keep information confidential as required under sub. (7) may be fined not more than $500 or imprisoned for not more than 30 days or both. 301.45(6)(bm)(bm) Subject to s. 971.19 (9), a district attorney or, upon the request of a district attorney, the department of justice may prosecute a knowing failure to comply with any requirement to provide information under subs. (2) to (4). If the department of corrections determines that there is probable cause to believe that a person has knowingly failed to comply with any requirement to provide information under subs. (2) to (4) or has intentionally violated sub. (4r), the department shall forward a certified copy of all pertinent departmental information to the applicable district attorney. The department shall certify the copy in accordance with s. 889.08. 301.45(6)(c)(c) Notwithstanding par. (a), a person who first became subject to subs. (2) to (4) under 1995 Wisconsin Act 440 and who was in prison or a secured correctional facility or a secured child caring institution, in institutional care, or on probation, parole, supervision, aftercare supervision, corrective sanctions supervision, conditional transfer or conditional release during the period beginning on December 25, 1993, and ending on May 31, 1997, shall be allowed until January 1, 1998, to comply with the requirements under subs. (2) to (4). 301.45(6)(d)(d) Notwithstanding par. (a), a person who first became subject to subs. (2) to (4) under 1999 Wisconsin Act 89 and who was in prison or a secured correctional facility or a secured child caring institution, in institutional care, or on probation, parole, supervision, aftercare supervision, corrective sanctions supervision, conditional transfer or conditional release during the period beginning on December 25, 1993, and ending on May 31, 2000, shall be allowed until January 1, 2001, to comply with the requirements under subs. (2) to (4). 301.45(6m)(6m) Notice to other jurisdictions concerning noncompliance. If the department has reasonable grounds to believe that a person who is covered under sub. (1g) (f) or (g) is residing in this state, is a student in this state or is employed or carrying on a vocation in this state and that the person is not complying with the requirements of this section, the department shall notify the state agency responsible for the registration of sex offenders in any state in which the person is registered that it believes the person is not complying with the requirements of this section. If the person is registered with the federal bureau of investigation under 42 USC 14072, the department shall notify the federal bureau of investigation that it believes the person is not complying with the requirements of this section. 301.45(7)(7) Information maintenance and expungement. 301.45(7)(a)(a) The department shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in ss. 301.03 (14) and 301.46, except as needed for law enforcement purposes and except to provide, in response to a request for information under s. 49.22 (2m) made by the department of children and families or a county child support agency under s. 59.53 (5), the name and all residential addresses of an individual registered under this section, the name and address of the individual’s employer and financial information related to the individual. 301.45(7)(b)(b) The department shall not charge a fee for providing information under this subsection. 301.45(7)(c)(c) A person about whom information is maintained in the registry under sub. (2) may request expungement of all pertinent information in the registry if any of the following applies: 301.45(7)(c)1m.1m. The person’s conviction, delinquency adjudication, finding of need of protection or services or commitment has been reversed, set aside or vacated. 301.45(7)(c)2m.2m. A court has determined under sub. (1m) (b) that the person is not required to comply with the reporting requirements under this section. 301.45(7)(d)(d) The department shall purge all of the information maintained in the registry under sub. (2) concerning a person to whom par. (c) applies if the department receives all of the following: 301.45(7)(d)2.2. A certified copy of the court order reversing, setting aside or vacating the conviction, delinquency adjudication, finding of need of protection or services or commitment or a certified copy of the court’s determination under sub. (1m) (b). 301.45(7)(e)(e) The department shall purge all of the information maintained in the registry under sub. (2) concerning a person to whom sub. (1p) (a) applies if any of the following occurs: 301.45(7)(e)1.1. The department receives notice under s. 938.355 (4m) (b) that a court has expunged the record of the person’s delinquency adjudication for the violation described in sub. (1p) (a). 301.45(7)(f)(f) The department shall purge all of the information maintained in the registry under sub. (2) concerning a person to whom sub. (1p) (b) applies when any of the following occurs: 301.45(7)(f)2.2. If the person was ordered by a court under s. 938.34 (15m) (am) to comply with the reporting requirements under this section, when the department receives notice under s. 938.34 (15m) (am) 2. that the juvenile has satisfied the conditions of the dispositional order. 301.45(7)(f)3.3. If the person was ordered by a court under s. 938.345 (3) (a) to comply with the reporting requirements under this section, when the department receives notice under s. 938.345 (3) (d) that the juvenile has satisfied the conditions of the dispositional order. 301.45(7)(f)5.5. If the person was ordered by a court under s. 973.048 (1m) to comply with the reporting requirements under this section, when the person successfully completes the sentence or probation as provided under s. 973.048 (1m) (b). 301.45(8)(8) Rules. The department shall promulgate rules necessary to carry out its duties under this section. 301.45(9)(9) Cooperation. The department of health services, the department of children and families, the department of transportation and all circuit courts shall cooperate with the department of corrections in obtaining information under this section. 301.45(10)(10) Annual fee. The department may require a person who must register as a sex offender to pay an annual fee to partially offset its costs in monitoring persons who must register as sex offenders. The department shall establish any such fee by rule, but the fee may not exceed $100. 301.45 HistoryHistory: 1993 a. 98, 227; 1995 a. 440 ss. 26 to 49, 53 to 74; Stats. 1995 s. 301.45; 1997 a. 3, 35, 130, 191, 237, 283; 1999 a. 9, 89, 156, 186; 2001 a. 38, 96, 109; 2003 a. 50, 53; 2005 a. 25, 253, 277, 344, 432, 434; 2007 a. 20 ss. 3130 to 3132, 9121 (6) (a); 2007 a. 80, 96, 116; 2009 a. 131, 137, 180, 302; 2013 a. 283, 362; 2015 a. 55, 80, 159; 2017 a. 174; 2017 a. 365 ss. 66, 112; 2019 a. 162; 2023 a. 224, 254. 301.45 Cross-referenceCross-reference: See also ch. DOC 332, Wis. adm. code. 301.45 AnnotationThat sub. (1m) allows minors found delinquent because of sexual contact to be excused from sex offender registration, but not juveniles convicted of false imprisonment, does not render it unconstitutional. Sub. (1m) creates a narrow exception for sex offenders in cases of factually consensual sexual contact between two minors. In contrast, false imprisonment is never consensual and never a crime solely because of age. State v. Joseph E.G., 2001 WI App 29, 240 Wis. 2d 481, 623 N.W.2d 137, 99-3248. 301.45 AnnotationThis section and s. 301.46 do not occupy the field in regulating the dissemination of sex offender registration information and do not prohibit a probation agent from requiring a probationer to inform the probationer’s immediate neighbors of the probationer’s status as a convicted sex offender, which was not unreasonable. State ex rel. Kaminski v. Schwarz, 2001 WI 94, 245 Wis. 2d 310, 630 N.W.2d 164, 99-3040. 301.45 AnnotationSex-offender registration as a condition of probation for bail-jumping was not authorized by s. 973.09 (1) (a). Bail jumping is not one of the offenses enumerated in the sex-offender registration statutes, this section or s. 973.048, that permit or require registration, and read-in, but dismissed, sexual assault charges do not bring a case within s. 973.048. State v. Martel, 2003 WI 70, 262 Wis. 2d 483, 664 N.W.2d 69, 02-1599. 301.45 AnnotationMandatory sex offender registration for juveniles under sub. (1m) is not criminal punishment. If a provision is not criminal punishment, there is no constitutional right to a jury trial. Sub. (1m) does not violate the guarantees of substantive due process or equal protection. State v. Jeremy P., 2005 WI App 13, 278 Wis. 2d 366, 692 N.W.2d 311, 04-0360. 301.45 AnnotationThe sex offender registry scheme under this section did not violate constitutional guarantees of equal protection or due process as applied to the defendant when the underlying crime of which the defendant was convicted, false imprisonment of a minor, lacked a sexual element. The purpose of the statute is to protect the public, specifically children, not to identify individuals guilty of a crime with a sexual element. Because not all defendants convicted of crimes lacking sexual elements pose an inherent danger to children, not all criminal defendants will be required to register. It is reasonable to exempt parents convicted of falsely imprisoning their own children from the reporting requirement. State v. Smith, 2009 WI App 16, 316 Wis. 2d 165, 762 N.W.2d 856, 08-1011. 301.45 AnnotationA person convicted of false imprisonment of a minor is required to register as a sex offender. Although the complaint in this case contained no allegation that the false imprisonment entailed anything sexual, the registration requirements of this section, as applied to the defendant, were constitutional because requiring registration was rationally related to a legitimate governmental interest. State v. Smith, 2010 WI 16, 323 Wis. 2d 377, 780 N.W.2d 90, 08-1011. 301.45 AnnotationTo calculate the disparity of ages required in sub. (1m) (a) 2. in determining if an actor is exempt from registering as a sex offender, the time between the birth dates of the two parties is to be determined. Sub. (1m) (a) 2. was not unconstitutionally vague as applied to the defendant. State v. Parmley, 2010 WI App 79, 325 Wis. 2d 769, 785 N.W.2d 655, 09-1210. 301.45 AnnotationThis section evidences a legislative intent to include out-of-state sex offenses. By its express language, sub. (1g) includes only those out-of-state offenses that are comparable to a Wisconsin sex offense. Sub. (6) (a) 2. includes out-of-state misdemeanors that are comparable to a sex offense. State v. Freland, 2011 WI App 80, 334 Wis. 2d 772, 800 N.W.2d 18, 10-0496. 301.45 AnnotationA registrant cannot be convicted of violating sub. (6) for failing to report the address at which the registrant will be residing when the registrant is unable to provide this information. A registrant is unable to provide the required information when that information does not exist, despite the registrant’s reasonable attempt to provide it. However, homeless registrants are not exempt from registration requirements and homelessness is not a defense to failing to comply with the registration requirements. Under sub. (2) (f), the Department of Corrections may require a registrant to report to a police station to provide any required information that the person has not previously provided. State v. Dinkins, 2012 WI 24, 339 Wis. 2d 78, 810 N.W.2d 787, 09-1643. 301.45 AnnotationSub. (2) (a) 6m. does not violate the 1st amendment as it is narrowly tailored to serve the government’s significant interest in protecting the public from recidivist sex offenders and is not overbroad. State v. Jackson, 2020 WI App 4, 390 Wis. 2d 402, 938 N.W.2d 639, 18-2074. 301.45 AnnotationThe federal Sex Offender Registration and Notification Act (SORNA), 34 USC 20901 to 20962, does not preempt this state’s enforcement of its requirement that offenders subject to registration in this state update their registration information even if they move while residing out of state. SORNA sets a floor for state registration laws, but it leaves states free to regulate in ways that are consistent with the federal purpose. State v. Triebold, 2021 WI App 13, 396 Wis. 2d 176, 955 N.W.2d 415, 19-1209. 301.45 AnnotationIn this case, the circuit court possessed territorial jurisdiction under s. 939.03 (1) (c) because the defendant’s failure to update the defendant’s sex offender registration had a criminal consequence in this state pursuant to sub. (6). The general criminal-law rule is that a crime involving a failure to act is committed at the place where the act is required to be performed. In this case, the defendant’s failure to update the defendant’s registration with Wisconsin authorities quite obviously had a consequence that is prohibited by this state’s criminal law, thereby making territorial jurisdiction appropriate under s. 939.03 (1) (c). That the defendant’s failure arises from moving within another state—rather than within, to, or from Wisconsin—does nothing to change this obvious consequence. State v. Triebold, 2021 WI App 13, 396 Wis. 2d 176, 955 N.W.2d 415, 19-1209. 301.45 AnnotationThe $100 annual registration fee that sub. (10) imposes on convicted sex offenders does not violate the prohibition in article I, section 10, of the U.S. Constitution against states’ enacting ex post facto laws. The fee is intended to compensate the state for the expense of maintaining the sex offender registry. The offenders are responsible for the expense, so there is nothing punitive about making them pay for it, any more than it is punitive to charge a fee for a passport. Mueller v. Raemisch, 740 F.3d 1128 (2014). 301.45 AnnotationAn offender is not entitled to process to challenge the legal determinations made by the authority charged under state law with administering a sex offender statute that is based on the fact of previous conviction. In this case, the offender was not deprived of a constitutional right to due process when the Department of Corrections (DOC) determined that the offender’s registration status in California required him to register as a sex offender in Wisconsin under sub. (1g) (f). Because the offender’s registration status in California was established after a procedurally safeguarded criminal proceeding, the offender was not entitled to pre-registration process, and the post-registration informal exchange between the offender and DOC was sufficient to comport with the requirements of due process. Murphy v. Rychlowski, 868 F.3d 561 (2017). 301.45 AnnotationWisconsin’s Sex Offender Registration and Notification Laws: Has the Wisconsin Legislature Left the Criminals and the Constitution Behind? Blair. 87 MLR 939 (2004).
301.46301.46 Access to information concerning sex offenders. 301.46(1)(a)(a) “Agency with jurisdiction” means the state agency with the authority or duty to confine or supervise a person or release or discharge a person from confinement. 301.46(2)(2) Access for law enforcement agencies. 301.46(2)(a)(a) When a person is registered with the department under s. 301.45 (2), the department shall immediately make the information specified in par. (b) available to the police chief of any community and the sheriff of any county in which the person is residing, is employed or is attending school. The department shall make information available under this paragraph through a direct electronic data transfer system. 301.46(2)(b)(b) The department shall make all of the following information available under par. (a): 301.46(2)(b)1.1. The person’s name, including any aliases used by the person. 301.46(2)(b)2.2. Information sufficient to identify the person, including date of birth, gender, race, height, weight and hair and eye color. 301.46(2)(b)3.3. The statute the person violated, the date of conviction, adjudication or commitment, and the county or, if the state is not this state, the state in which the person was convicted, adjudicated or committed. 301.46(2)(b)3m.a.a. Any sex offense that was dismissed as part of a plea agreement if the sentencing court ordered that the offender be subject to the registration requirements of s. 301.45. 301.46(2)(b)3m.b.b. Any sex offense that was dismissed as part of a plea agreement if the adjudicating court ordered that the juvenile be subject to the registration requirements of s. 301.45. 301.46(2)(b)4.a.a. The date the person was placed on probation, supervision, conditional release, conditional transfer or supervised release. 301.46(2)(b)4.b.b. The date the person was released from confinement, whether on parole, extended supervision or otherwise, or discharged or terminated from a sentence or commitment. 301.46(2)(b)6.6. The name of the agency supervising the person, if applicable, and the office or unit and telephone number of the office or unit that is responsible for the supervision of the person. 301.46(2)(b)8.8. The name and address of the place at which the person is employed. 301.46(2)(b)9.9. The name and location of any school in which the person is enrolled. 301.46(2)(c)(c) When a person who is registered under s. 301.45 (2) updates information under s. 301.45 (4), the department shall immediately make the updated information available to the police chief of any community and the sheriff of any county in which the person is residing, is employed or is attending school. The department shall make the updated information available under this paragraph through a direct electronic data transfer system. 301.46(2)(d)(d) In addition to having access to information under pars. (a) and (c), a police chief or sheriff may request that the department provide the police chief or sheriff with information concerning any person registered under s. 301.45. 301.46(2)(e)(e) A police chief or sheriff may provide any of the information to which he or she has access under this subsection to an entity in the police chief’s community or the sheriff’s county that is entitled to request information under sub. (4), to any person requesting information under sub. (5) or to members of the general public if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public. 301.46(2m)(2m) Bulletins to law enforcement agencies.
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