2009AP1643-CR State v. Dinkins

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Sex Offender Registration
Failure to provide address

A sex offender cannot be convicted of failing to provide his post-release address, where he was unable to locate post-release housing.

“Dinkins’ primary contention, as we construe it, is that he could not be convicted of failing to provide his post-release address as required under Wis. Stat. § 301.45(2)(a)5. because he could not locate post-release housing, and thus did not have an “address at which [he] … w[ould] be residing” that he could provide to the department. In response, the State argues that Dinkins could have complied with the address reporting requirement by providing the nearest address of any place he planned to sleep, including, for example, a park bench.”

“We agree with Dinkins. Contrary to the State’s position, the term ‘residing’ in the address reporting requirement plainly does not encompass a park bench-or a heating grate, bush, highway underpass, or other similar on-the-street location, for that matter. Reading the address reporting requirement in conjunction with the requirement that prisoners nearing the expiration of their sentence provide this information prior to their release, we conclude that the statute contemplates the prisoner supplying the address of a location where the prisoner could reasonably predict he would actually be able to ‘resid[e].’ We reject the State’s argument that a park bench or similar on-the-street location is such a location. We therefore reverse the judgment of conviction and the order denying postconviction relief.”

Reversed.

Recommended for publication in the official reports.

2009AP1643-CR State v. Dinkins

Dist. IV, Dodge County, Bissonnette, J., Higginbotham, J.

Attorneys: For Appellant: Phillips, Steven D., Madison; For Respondent: Freimuth, James M., Madison; Bedker, William F., Juneau

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