Sex offender registration — sufficiency of the evidence

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Wisconsin Supreme Court

Criminal

Sex offender registration — sufficiency of the evidence

A sex offender registrant cannot be convicted of violating sec. 301.45(6) for failing to report the address at which he will be residing when he is unable to provide this information.

“In sum, we agree with the State that homeless registrants are not exempt from registration requirements and that homelessness is not a defense to failing to comply with the registration requirements. However, we disagree that Dinkins was capable of complying with the statute by listing a park bench or other on-the-street location.”

“In examining the text and context of the sex offender registration statute, we determine that the legislature anticipated that a registrant might be unable to provide the information required by the statute. Significantly, the legislature set forth an alternative procedure for monitoring the whereabouts of registrants who are unable to provide an address without imposing criminal liability.”

“By applying well-settled principles of statutory construction, we conclude that a registrant cannot be convicted of violating Wis. Stat. § 301.45(6) for failing to report the address at which he will be residing when he is unable to provide this information. We determine that a registrant is unable to provide the required information when that information does not exist, despite the registrant’s reasonable attempt to provide it. Here, the circuit court found that Dinkins attempted to comply with the statute, that he was unable to find housing on his own, and that the DOC would have to find housing for him. These findings are not clearly erroneous.”

Affirmed.

2009AP1643-CR State v. Dinkins

Bradley, J.

Attorneys: For Appellant: Phillips, Steven D., Madison; For Respondent: Weber, Gregory M., Madison; Klomberg, Kurt F., Juneau