OFFENSES THAT REQUIRE REGISTRATION AS A PREDATORY OFFENDER:
Many offenses in Minnesota require that individuals Register as a Predatory Offender. Minnesota is the only state that requires people to register as a predatory offender even though they were convicted of a normally non-registration crime. A person is required to register if the person was charged with any of the following, and convicted for that offense or another offense arising out of the same set of circumstances:
- Murder under section 609.185, paragraph (a), clause (2);
- Kidnapping (False Imprisonment) under section 609.25;
- Criminal Sexual Conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, subdivision 3, paragraph (b); or 609.3453;
- Indecent Exposure under section 617.23, subdivision 3;
- Interference with Privacy under the circumstances described in section 609.746, subdivision 1, paragraph (h);
- Criminal Abuse in violation of section 609.2325, subdivision 1, paragraph (b);
- False Imprisonment in violation of section 609.255, subdivision 2;
- Solicitation, Inducement, or Promotion of the Prostitution of a Minor or Sex Trafficking of a Minor in violation of section 609.322;
- Prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
- Soliciting a Minor to engage in sexual conduct in violation of section 609.352, subdivision 2 or 2a, clause (1);
- Creating Child Pornography in violation of section 617.246;
- Possessing Pornographic Work Involving a Minor (Child Pornography) in violation of section 617.247;
- Someone sentenced as a patterned sex offender under section 609.3455, subdivision 3a;
Registration applies to convictions from other states as well. So if you move to Minnesota, you will be required to follow Minnesota Law. Registration is required for out of state convictions and for offenses “arising out of the same set of circumstances” as a registerable offense. “Arising out of the same circumstances” means that a person will be required to register if they are charged with a registerable offense, and they are convicted of a non-registerable offense that happened at the same time.
WHAT DOES REGISTRATION REQUIRE?
When someone is required to register as a predatory offender, they must provide certain information to the State of Minnesota including:
- Their address;
- Other addresses that they stay at regularly;
- Where they work;
- Motor vehicles that are registered in their name or they drive regularly (including make, model, and license plate number);
- Where they attend school; and
- Their telephone number.
The registration statute also requires that the person notify the State before they move if possible, or immediately after moving. The State also sends paperwork to the person who is required to register, and the individual must send that paperwork back to the State providing updated information or confirming that there has not been a change in their information. In general, being a registered offender is not public knowledge. You have seen people being notified of a predatory offender moving into the neighborhood, but that is a rare exception. Those situations are usually just for people who have refused treatment in prison. However, other states have their own rules, so do research before moving. Talk to a local attorney who knows the law.
Failure to follow the law can mean being charged with Failure to Register as a Predatory Offender. This charge can have long-lasting consequences and can trigger mandatory minimum sentences. An experienced attorney can help to minimize the potential consequences. Failure to Register is a very serious charge and it is critical that you contact a qualified attorney as soon as possible to have the best chance of maintaining your freedom and protecting your rights.
Failure to register carries a mandatory minimum sentence ranging from a mandatory minimum sentence of One Year and One Day in prison up to Five Years in prison. The mandatory minimum sentence increases to Two Years in prison if there is a prior conviction for Failure to Register. Mandatory minimums can sometimes be waived in appropriate circumstances.
Contact us for a consultation if you are charged with Failure to Register. An attorney can review the case for factual or legal issues and can also help to minimize the potential consequences that you might be facing.