If you have been convicted of a sex crime, you have likely already been through the emotional wringer. Chances are good you’ve spent time incarcerated, participating in a treatment program, or on probation as a result.
Unfortunately, there is little room within the Minnesota legal system to account for differences between types of offenders where sex crimes are concerned, such as those in situational cases or who have successfully completed treatment. More likely than not, you will be labeled as a sex offender in Minnesota, and be required to register through the Minnesota Predatory Offender Registration website.
After reading this post, if for any reason you are still unsure about whether you currently have a duty to register in this state, a knowledgeable Minnesota sex crime defense attorney will be able to review your circumstances and help you determine what you are likely to be up against.
Does My Charge Require Minnesota Sex Offender Registration If Convicted?
Minnesota Criminal and Civil Regulatory Law classifies criminal sexual conduct into five degrees, and a set of behaviors is listed under each, with first-degree carrying the most severe penalties and fifth-degree the least.
The law states that you will be required to register as a sex offender if you are an adult charged with and convicted of, or a juvenile who is petitioned for and adjudicated delinquent for one of the following offenses (or another offense arising out of the same set of circumstances):
- Murder while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence
- Kidnapping and False Imprisonment of a minor
- Criminal sexual conduct in the first, second, third, and fourth degree, and felony criminal sexual conduct in the fifth degree
- Criminal sexual predatory conduct of felony indecent exposure
- Soliciting a minor to engage in prostitution or sexual conduct of some other kind
- Using a minor in a sexual performance
- Possessing pictorial representations of minors
- Or if sentenced as an engrained (or patterned) sex offender
Under 2018 Minnesota Statutes, you will also be required to register as a predatory offender when charged with and convicted of (or adjudicated delinquent for) aiding, abetting, or conspiring to commit one of the aforementioned sex crimes.
What Happens If My Conviction Was Outside of Minnesota?
Generally speaking, the state of Minnesota refers to requirements of a convicted sex offender’s (or person adjudicated as delinquent for a sex offense) original sentencing without regard to location. If you have entered the state to reside, work, attend school, or any other reason that requires you to remain here for two weeks or longer, and it has been less than 10 years since you were released from confinement, you must register.
When you have been subject to a period longer than 10 years by the courts of the state where the crime was originally committed, you must register for that period of time in this state as well. This includes scenarios in which offenders have been sentenced to lifetime registration.
Do I Have to Register If I Was Found Not Guilty?
If you were found not guilty by reason of mental illness or mental deficiency for any offenses listed previously, you must register as a sex offender in the state of Minnesota. This is true for cases both inside the state and out.
What If My Circumstances Are Different Than Any of These?
There are scenarios in which individuals who commit other offenses may be required to register with the Minnesota Predatory Offender site as a sex offender even if they have not committed a crime within the scope of the predatory offender registration law.
At every sentencing for conviction of a sex crime, however, the court in which you appeared is required to tell you that you must register, and should have provided with you a written form stating your duty to register for you to read and sign. If you were previously committed to a treatment facility or mental institution, the facility is also required to notify you of your duty to register upon release.
How Long Do I Have to Be Registered in Minnesota?
Our state requires you to register for a minimum period of 10 years, or the duration of your probation – whichever is longer. As previously mentioned, sometimes registrants are required to remain on the list for life.
In any case, it is imperative that you comply with registry requirements according both to your sentencing and to Minnesota law, as convictions for any violation related to failure to register can result in an additional five years of registration.
About the Author:
A former prosecutor and lifelong Minnesotan, Christian Peterson has handled hundreds of criminal cases from both sides of the aisle since he began practicing law in 2006, as well as a wide variety of family law matters. This background allows him to look at situations from all angles and anticipate which arguments the other side may use, increasing his clients’ chances of success. His work has been recognized by the American Society of Legal Advocates, the National Academy of Family Law Attorneys, and National Trial Lawyers, and he has a perfect 10/10 rating from Avvo.