301.46(5n)(b)(b) For Internet access provided to law enforcement agencies under this subsection, the department shall provide the means for a law enforcement agency to easily identify changes that have occurred in the residence, employment, or place of school attendance of a person registered under s. 301.45.
301.46(6)(6)Period of notification of and access to information.
301.46(6)(a)(a) Except as provided in par. (b), the department or an agency with jurisdiction may provide notice of or access to information under subs. (2) to (5) concerning a person registered under s. 301.45 only during the period under s. 301.45 (5) or (5m) for which the person is required to comply with s. 301.45.
301.46(6)(b)(b) The department or an agency with jurisdiction may provide access to any information collected under s. 301.45, regardless of whether the person is still required to be registered, to a law enforcement agency for law enforcement purposes.
301.46(7)(7)Immunity. A person acting under this section is immune from civil liability for any good faith act or omission regarding the release of information authorized under this section. The immunity under this subsection does not extend to a person whose act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.
301.46(8)(8)Rules. The department shall promulgate rules necessary to carry out its duties under this section.
301.46(9)(9)Effect on open records requests. This section does not prohibit the department from providing to a person, in response to that person’s request under s. 19.35 to inspect or copy records of the department, information that is contained in the sex offender registry under s. 301.45 concerning a person who is in the custody or under the supervision of the department if that information is also contained in records of the department, other than the sex offender registry, that are subject to inspection or copying under s. 19.35.
301.46 HistoryHistory: 1995 a. 440; 1997 a. 6, 27, 130, 181, 237, 283; 1999 a. 89; 2001 a. 16; 2003 a. 188; 2005 a. 5, 431; 2007 a. 20 ss. 3132r, 3133, 9121 (6) (a); 2009 a. 28, 180, 185, 302; 2013 a. 283, 343; 2023 a. 254.
301.46 Cross-referenceCross-reference: See also s. DOC 332.01, Wis. adm. code.
301.46 AnnotationThis section and s. 301.45 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.
301.47301.47Sex offender name changes prohibited.
301.47(1)(1)In this section, “sex offender” means a person who is subject to s. 301.45 (1g) but does not include a person who, as a result of a proceeding under s. 301.45 (1m), is not required to comply with the reporting requirements of s. 301.45.
301.47(2)(2)A sex offender may not do any of the following before he or she is released, under s. 301.45 (5) or (5m), from the reporting requirements of s. 301.45:
301.47(2)(a)(a) Change his or her name.
301.47(2)(b)(b) Identify himself or herself by a name unless the name is one by which the person is identified with the department.
301.47(3)(3)Whoever intentionally violates sub. (2) is subject to the following penalties:
301.47(3)(a)(a) Except as provided in par. (b), the person is guilty of a Class H felony.
301.47(3)(b)(b) 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:
301.47(3)(b)1.1. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m) to comply with the reporting requirements under s. 301.45 based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.
301.47(3)(b)2.2. The person was not convicted of another offense under this section before committing the present violation.
301.47(4)(4)The department shall make a reasonable attempt to notify each person required to comply with the reporting requirements under s. 301.45 of the prohibition in sub. (2), but neither the department’s failure to make such an attempt nor the department’s failure to notify a person of that prohibition is a defense to a prosecution under this section.
301.47 HistoryHistory: 2003 a. 52, 320.
301.47 AnnotationThe name change prohibition in sub. (2) (a) does not implicate the right to free speech by infringing expressive conduct. The 1st amendment right to free speech does not encompass the power to compel the state to facilitate a change of a legal name. Producing one’s legal name is properly understood as conduct subject to government regulation, not speech. State v. C.G., 2022 WI 60, 403 Wis. 2d 229, 976 N.W.2d 318, 18-2205.
301.47 AnnotationThe common law right to use an alias is distinguishable from the common law rule that continuous and consistent use of an alias effectuates a legal name change. The plain text of sub. (2) abrogates the latter rule but not the former right. In other words, a registered sex offender can use an alias, but, even if the use of that alias would otherwise be sufficiently continuous and consistent to effectuate a legal name change if the offender was not a registered sex offender, by operation of law, the offender’s legal name would remain unchanged. State v. C.G., 2022 WI 60, 403 Wis. 2d 229, 976 N.W.2d 318, 18-2205.
301.475301.475Sex offenders to notify schools.
301.475(1)(1)A person who is required to comply with the reporting requirements under s. 301.45 (1g) may not be on any school premises, as defined in s. 948.61 (1) (c), unless the school district administrator or his or her designee, if the premises are affiliated with a public school, or the governing body of the school, if the premises are affiliated with a private school or charter school, has been notified of the specific date, time, and place of the visit and of the person’s status as a registered sex offender.
301.475(2)(2)
301.475(2)(a)(a) Except as provided in par. (b), whoever knowingly violates sub. (1) is guilty of a misdemeanor and subject to a fine of not more than $10,000 or imprisonment not to exceed 9 months, or both.
301.475(2)(b)(b) Whoever knowingly violates sub. (1) as a 2nd or subsequent offense is guilty of a Class H felony.