One of the questions that people facing sex crime charges in Minnesota ask is: Will I have to register as a sex offender if convicted? You will most likely be required to register as a sex offender if convicted of a sex crime. Factors that determine sex offender registration include the nature and severity of the offense, aggravating factors, civil commitment, and risk level. You must register as a sex offender if you are relocating to Minnesota for school, work, or to live and have been convicted of sex crimes elsewhere.
This registration will have far-reaching consequences well past the conviction. It’s for this and other reasons that you should enlist a sex crime lawyer and fight sexual crime charges to the best of your ability.
Contact Keller Criminal Defense Attorneys for personalized legal support if you are facing sex crime charges. (952) 913-1421.
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What Are Minnesota’s Laws Regarding Sex Offender Registration?
Minnesota laws require convicted sex offenders to register themselves with the Sex Offender and Crimes Against Minors Registry. This register is maintained by the Department of State Police.
Do you have to register as a sex offender for life? Convicted sex offenders remain registered for a minimum of ten years. On the other hand, offenders sentenced to probation of longer than ten years stay in the registry for the entire duration of their probation. Individuals that are convicted of aggravated sexual offenses, have multiple convictions, or are deemed to be sexual predators are registered as sex offenders for life.
Registering as a sex offender post-conviction is mandatory, not voluntary. This also means failing to register has consequences. Every conviction an offender fails to register results in an additional five years of sex offender registration.
Additionally, a first-time conviction for non-registration can earn the sex offender a year in prison. A subsequent conviction can attract a two-year prison sentence.
Another thing you need to understand is what constitutes failure to register as a sex offender. The most obvious one is failing to register completely. However, failing to submit proper verification forms is also seen as a failure to register.
Coming into Minnesota for school, work, or as a resident and failing to report and register with the authorities qualifies as failure to register. The same goes for coming to Minnesota for 14 days and not registering this visit with the local authorities. Lastly, you are seen to have refused to register as a sex offender if you neglect to report to the registry regarding changes to your address, vehicles, school, or employment.
What Factors Determine Registration in Minnesota?
Several factors influence offender registration in Minnesota.
Nature and Severity of the Offense
Convictions for certain offenses make registration as a sexual offender mandatory. Crimes that require sex offender registration in Minnesota include:
- Felony indecent exposure
- First to fourth-degree criminal sexual conduct
- Possession or distribution of child pornography
- False imprisonment of a minor
- Soliciting a minor to engage in prostitution
- Murder while attempting to or while committing a criminal sexual offense with violence or force in the first or second-degree
Aggravating Factors
Some individuals will have a sex charge, but also have what are known as aggravating factors. These are additional elements of a crime that increases the severity of the sex offense. A perfect example is a sexual offense where the perpetrator uses weapons or violence. Another example is when the alleged offender has a history of predatory behavior.
Civil Commitment
You might have to register as a sexual offender if you’re civilly committed to having a sexual psychopathic personality, as a sexually dangerous person, a generally dangerous person, or found to be mentally ill, provided the person committed one of the crimes listed above.
Your Risk Level
The state might assign you a risk level, determining your likelihood of committing future crimes. A risk level of 3 indicates a likelihood that you will perpetrate crime in the future, while a risk level of 1 indicates you are unlikely to engage in further crime. Individuals assigned a risk level of 3 will almost always have to register as sex offenders. A risk level of 2 means you are moderately likely to re-offend.
What Are the Consequences of Sex Offender Registration?
Getting listed in the sex offender registry has several consequences that can turn your life upside down. Before we look at the consequences, you might want to know the relevance of sex offender registration.
The whole idea behind sex offender registration is public safety. By letting the public know about individuals who have committed sex crimes, residents of the state can make better-informed decisions regarding their safety and that of their loved ones.
Another importance of this policy is deterrence. The registration allows sex offenders to be known, tracked, and monitored. This ensures they comply with the restrictions that come with sex offense registration. The registration alongside the sex offender treatment program facilitate rehabilitation and reintegration to minimize the odds of offenders committing further crimes.
Do sex offender registries prevent future offenses? While registry alone doesn’t prevent re-offense, many states keep this policy in place, hoping that the scrutiny might deter offenders from committing more sexual offenses.
The most obvious consequence of getting convicted of a sex crime is confinement and fines. First to fourth-degree crimes attract 10 to 30 years of confinement and up to $20,000 in fines. On top of lengthy jail times and hefty fines, getting registered as a sexual offender carries other hidden consequences. They include:
Limited Housing Options
As a sex offender, the state places restrictions on where you can live. For example, registered offenders in Minnesota can’t live near daycares, parks, or schools. Naturally, your tenancy options will also be limited. Landlords will typically prefer to rent properties to non-offenders to protect other tenants and themselves.
Loss of Child Custody
Courts put child safety first, and will not place children in harm’s way, even when the harm is from a biological or adoptive parent.
The presumption of risk from a known sex offender makes it extremely difficult for the convicted parent to get full custody. Visitation rights will also be limited or denied altogether, depending on the severity of the offense.
Employment
Finding a job might be difficult once you get registered as a sex offender in Minnesota. One reason for this is that sex offenders are automatically banned from certain roles, such as those involving working with minors, spas, salons, schools, and churches. Jobs that place the offender in authority are also out of bounds. There will also be other jobs outside this scope where employers and business owners do not want to hire anyone with a criminal record.
Stigma
Registry means your crime is public knowledge. This can lead to harassment, social exclusion, and the offender being in a constant defensive mode. This, alongside living in the spotlight and social exclusion, can cause psychological outcomes like depression, chronic stress, and loneliness. Over time, these will affect your mental and physical well-being.
Loss of Privacy
The registry is available to the public. This means your neighbors, employer, workmates, relatives, and even strangers can become aware of your conviction. This constant scrutiny from everyone around you ultimately impacts all your interactions.
Travel Restrictions
Some offenders can receive restrictions on where they can live, work, and travel. The U.S. doesn’t deny its citizens passports, so technically, sex offenders can travel to any destination they wish. What the U.S. does is have a special marker on passports to indicate that one is a registered sex offender.
Some countries and states will require you to notify the authorities that you’re a registered sex offender upon arrival. Other countries will outright refuse to admit sex offenders into their land once they see the “sex offender” identifier on their passports.
A Sexual Conviction Stays on Record Indefinitely
A sex crime conviction in the state remains on your record for the rest of your life. This is unless the outcome of your case changes in a new trial through an appeal.
Another thing you can do about criminal records in the United States is seek to have them expunged. Expungement doesn’t mean that a criminal record is destroyed. Instead, it conceals a record, making it inaccessible to the public. So when you are seeking a rental home or a job, a property manager or potential employer won’t pull up this expunged record as they run a background check. However, it is crucial to note that most sex crimes in Minnesota can’t be expunged.
You can’t afford to take a sex crime charge lightly, because a conviction will follow you for the rest of your life. With a combined 46 years of experience in criminal law, the attorneys at Keller Criminal Defense Attorneys will throw their might behind your defense. Contact us today for a dedicated legal representation.
