Many times, the collateral consequences of a crime are worse than the direct consequences. For example, a simple speeding ticket may cause your auto insurance rates to skyrocket for at least three years. Minnesota’s sex offender registry system is much worse than a higher insurance bill. So, it’s important that a St. Paul criminal defense lawyer explain it as carefully as possible.

Nothing can substitute for an attorney/client consultation. But hopefully, this post should provide some basic and general information.

Until fairly recently, this exercise was somewhat pointless. A long-running class action lawsuit could have changed the entire system at any moment. But in April 2018, a federal district judge dismissed the plaintiff’s remaining claims. Earlier, the 8th Circuit Court of Appeals ruled the system was constitutional and the Supreme Court refused to hear an appeal.

Offenses that Require Registration

The plaintiffs were mostly upset because there is basically no way off the Minnesota sex offender registry. So, the back end is very broad. The front end is very broad as well. Minnesota’s sex offender laws encompass a wide array of offenses, including:

• Child Pornography: This offense group extends well beyond taking or possession pictures. Asking an underage female, or someone the actor believes to be an underage female, for a pornographic picture may be considered production of child pornography. That’s a felony.
• Criminal Sexual Conduct: This is a broad umbrella term which includes offenses like statutory rape, date rape, sex trafficking, and even sexual harassment in some cases.
• Felony Indecent Exposure: Most exposure cases are misdemeanors. But prosecutors will charge them as felonies if the victim is under 16 and the actor had a prior conviction or the actor confines the victim. “Confining” could mean something like blocking a door. No physical contact is required.

In some cases, even non-sex offenses trigger a registration requirement. That usually happens if the defendant pleads guilty to a lesser-included offense, such as reckless conduct or misdemeanor indecent exposure.

Length of Registration Requirements

Typically, former offenders must register for ten years. There is no way to reduce the registration period early. As outlined below, there are various sex offender registration risk levels. So, a St. Paul criminal defense lawyer basically gets two bites at the apple. If trial defenses were unsuccessful, it’s usually possible to limit the scope of the registration requirement. Offenders must register for life if they fall into one of the following three categories:

• Repeat Offenders: One prior sex offense conviction is all it takes. There’s also no lookback period. Situations like a date rape conviction in college and a child pornography charge much later in life are not uncommon. Furthermore, even out-of-state offenses count as prior convictions, if they are registerable offenses in Minnesota.
• Aggravated Offense: This category is technical as well. Minnesota sex offenses are aggravated if the person used force, or the threat of force, in a crime that involved a sex act (e.g. penetration) against a victim under 13.
• Sexual Predators: This awful-sounding category is limited to persons who were labeled as sexually dangerous individuals and committed to mental institutions.

Another section of the registration law adds a mandatory ten-year supervised release term to all Level III offenders released from prison.

How Can a St. Paul Sex Crimes Lawyer Minimize These Consequences?

Part of that process includes a risk level evaluation. Within 90 days after release, the state must evaluate former offenders and asses their likelihood of recidivism. The process is quite subjective and the presumption in favor of recidivism is strong.

Our St. Paul criminal defense lawyers suggest that offenders do everything possible to turn over new leaves. Change jobs, cut ties with former friends and associates, stay off social media, give up alcohol or drug habits, and relocate to another part of the state.

After considering all the evidence, the state will assign one of the following risk levels to the former offender:

• Level I: Information like name, date of birth, nature of offense, and last known address is generally limited to law enforcement and courts. Almost no one receives a Level I classification.
• Level II: This category is a more realistic goal. Level II offenders are listed publicly, but a person must go to the BCA or another website to find the data. Typical Level II offenders have substance abuse issues and/or previously used a position of trust (e.g. babysitter or teacher) to commit an offense.
• Level III: In this most public group, if the registrant relocates to another residence, all the neighbors receive notice. Other groups may receive notice as well, such as law enforcement agencies and entities that serve at-risk individuals. In other words, Level III is almost like being branded.

Typically, only general information is available on the website. Detailed information about the offense is only available in the county where the offense occurred. That vagueness could be a good thing or a bad thing. People do not know the details, but they may also lump underage romances in the same category as sexually violent acts.

Connect with Dedicated Attorneys

Minnesota’s sex offender registration requirements are incredibly complex. For a free consultation with an experienced St. Paul criminal defense lawyer, contact Capitol City Law Group, LLC. We routinely handle matters in Ramsey County and nearby jurisdictions.