Who Has to Register as a Sex Offender in Minnesota?

Generally, people who are convicted of committing a sex crime in Minnesota are sentenced to jail or prison time or hefty fines. In some cases, they may need to register as sex offenders, which entails appearing on the state’s sex offender registry and attending treatment programs for sex offenders.

Getting convicted of a sex crime and registering as a sex offender can have long-term negative impacts on an individual’s family and social life, making it much harder to integrate back into society. The potential consequences of a conviction make it important to build a strong defense early on when charged with a sex crime of any kind.

Who Is Required to Register as an Offender?

What crimes require sex offender registration? Certain convictions require residents in Minnesota to register as offenders. These convictions include:

  • Felony indecent exposure
  • Kidnapping
  • Felony criminal sexual conduct of the first, second, third, or fourth degree
  • Possession or distribution of child pornography
  • Murder while committing or attempting criminal sexual conduct, whether in the first or second degree with violence or force

In addition, individuals will be required to register as sex offenders if convicted of false imprisonment of a minor or soliciting a minor to engage in sexual conduct or prostitution.

Individuals need to register if they are convicted of a sex crime in another state and wish to work, live, or attend school in Minnesota.

The information collected when registering as a sex offender in Minnesota includes the offender’s fingerprint card, photograph, and signed consent forms, along with addresses of any residences, addresses of property owned, rented, or leased in Minnesota, workplace addresses, and the make, model, year, color, and license plate numbers of vehicles owned or frequently driven.

A failure to comply with the registration requirements can lead to new felony-level charges of failure to register as a sex offender

Registering as a Sex Offender for Soliciting a Prostitute

For some felony offenses involving the solicitation of a prostitute, individuals will need to register as sex offenders depending on the nature of the offense.

Prostitution offenses in Minnesota are taken very seriously, but the severity of a conviction will depend largely on the age of the victim. Individuals soliciting adult prostitutes aged 18 or older will face convictions of a misdemeanor-level offense, but they won’t be required to register as sex offenders. On the other hand, soliciting prostitutes under the age of 18 is considered a felony-level offense requiring sex offender registration.

Even if a case started as a felony-level offense and was reduced to a misdemeanor-level offense, individuals will still be required to register as predatory offenders. This is because Minnesota law only takes the initial charge into consideration when determining a person’s registration status.

How Long Are Offenders Required to Appear on the Registry?

The length of time in which people are required to appear on the registry can lead to a long-term negative impact on a person’s life, which is one of the reasons why it’s so serious.

Registrants on the Minnesota sex offender registry are required to register for a minimum of 10 years or the length of their probation period if the latter is longer. In some cases, registrants will need to register for life.

Additionally, convictions for any failure to register violations, such as neglecting to provide any information required by the state, could result in 5 additional years of registration. First-time convictions also face a possible prison sentence of one year and one day. Any subsequent convictions could result in a minimum two-year prison sentence. Regardless of the length of incarceration, any person serving prison time for Failure to Register convictions will need to register for a minimum of 10 years upon release.

How Registrants May Be Non-Compliant

People who register as sex offenders in Minnesota are required to provide information about primary and secondary addresses, along with addresses of employment or education and details about vehicles they own or operate. A failure to report this information is a Failure to Register violation. Noncompliance may also result if individuals fail to return verification forms, or if they fail to register if convicted of a similar crime in another state.

Registrants visiting Minnesota for a period exceeding 14 days will also be non-compliant if they fail to register with local law enforcement in the jurisdiction of where they’re staying.

The Importance of Acting Fast

The seriousness of becoming a registered sex offender in Minnesota makes it necessary for individuals to build a defense as soon as possible. It may be possible to avoid a conviction of a sex crime and the need to appear on the registry in Minnesota.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.
Knowing the tips for interacting with law enforcement as a suspect in Minnesota can keep you from saying or doing something that incriminates you. These tips include understanding your rights while interacting with law enforcement, knowing how to handle search and seizure, and seeking the early intervention of a criminal defense lawyer. You should apply these tips when you are stopped for questioning, a suspect in a criminal investigation, pulled over in a car, and during arrest, arrest processing, and custody.
You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.