sex offender registration for eighth grader

A case that has reached national headlines is now in the hands of the court. Two teenagers had sex with each other and nude pictures were also exchanged. The girl was in the seventh grade and the boy was in the eighth grade. The acts were consensual. The girl’s mother found the nude photographs on her phone and contacted authorities. The boy was then criminally charged. He ended up pleading guilty to two misdemeanors for having sex and for the nude photographs. The judge then sent him to a juvenile detention center and made him register as a sex offender. This was not part of the plea agreement.

In Kentucky, no one under 16 can consent to having sex with another. The boy’s attorney argued that they had no idea that they were committing a crime. He also argued that his due-process and equal protection rights were violated. He then argued that counseling or sex education classes would have been a better fit.

In Minnesota, there are many crimes that require predatory offender registration in Minnesota. These include: Criminal Sexual Conduct and Felony Level Indecent Exposure, Kidnapping and False Imprisonment, Soliciting a minor to engage in prostitution or sexual conduct, Using a Minor in a sexual performance, and Possession of pictorial representation of minors. In Minnesota, all registrants are required to register for a minimum of 10 years of the duration or probation, whichever is longer. In some cases, individuals have to register for life.

There are also additional consequences of failure to register. An additional ten years may be added to the registration period of the individual fails to register. Additional prison time is also a possibility when a registrant fails to register. If you have questions about whether you need to register as a predatory offender, contact your probation officer or a criminal defense attorney.

When determining if a registrant is allowed to have contact with children, the registrant should look to their conditions of probation and parole. It is always better to err on the side of caution if the conditions are unclear to you. Depending on the specifics on the conditions of release, there may also be restrictions on whether you can live near a daycare or school. Contact your probation or parole officer and your criminal defense attorney if you have specific questions about your case. If you have information about an offense, you can look it up on the BCA’s website. You will be able to find the complaint and sentencing documents on the website.

Failure to report changes in address, employment, schools or vehicles that are owned and operated may lead to non-compliance. Failure to return verification forms may also lead to non-compliance. If you live in another state, and visit Minnesota for more than 14 days, you must register or you may be deemed non-compliant. If you have questions about what it means to remain “compliant,” contact your probation officer or criminal defense attorney. In some cases, you will need to contact your parole office. There are many rules and guidelines for predatory offenders.

If you have been charged with a crime that requires sex offender registration, contact Keller Criminal Defense Attorneys. A criminal attorney in Minnesota will be able to view to evidence and see if the proper procedures were followed. A criminal attorney in Minnesota may be able to challenge the evidence against you. A criminal attorney in Minnesota may also challenge the constitutionally of the statute and laws in the state. Max Keller is a criminal attorney in Minnesota. Keller Criminal Defense Attorneys offers free consultations. Call 952-913-1421 to talk with a criminal attorney licensed 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

Can Past Allegations of Sex Crimes Be Used Against You in Minnesota?

One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren't admissible as evidence in court to prove a suspect's character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.

What If The Alleged Victim Was Drunk? Minnesota Consent & Alcohol Laws

Under Minnesota consent & alcohol laws, it is unlawful to engage in sexual contact or intercourse with someone drunk or intoxicated to a degree that prevents that person from consenting, understanding, or keeping his or her actions in check. Simply put, you should avoid sexual contact with a person who visibly looks impaired by alcohol, drugs, or other intoxicating substances.

How Long Do Police Have to File Drug Charges in Minnesota?

People facing arrests or under investigation for drug-related crimes often wonder: How long do police have to file drug charges in Minnesota? Once police officers conclude their investigations and arrest you for drug trafficking, the law bars them from holding you in custody for long. But, even if they can't keep you in jail, the Minnesota statute of limitations allows the prosecution to file the charges within three (3) years of arrest.