Sentencing — sex offender registration

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Wisconsin Court of Appeals

Criminal

Sentencing — sex offender registration

It was error to order a defendant to register as a sex offender where he was convicted of false imprisonment, intimidation of a witness, and battery-domestic abuse, and there was no evidence the crimes were sexually motivated.

“Based on our review of the record, as we indicated, we do not discern from the facts surrounding the November 19, 2005 incident that Jackson’s criminal conduct on that day was sexually motivated. So far as the record reflects, the next reported incident occurred on November 22, 2005. The flaw in the court’s determination that the November 19 and November 22 crimes were ‘part of any ongoing incident’ is that the record does not indicate that Jackson engaged in any violence directed toward the victim during the intervening three days, nor that any statement or activity of Jackson on November 22 reveals his criminal conduct on November 19 to have been sexually motivated. The record shows it is not until November 22, 2005, that Jackson engages in a sexually motivated crime. Under these facts, it is unreasonable to conclude that the crimes committed by Jackson on November 22 were a continuation of the crimes he committed against the victim on November 19 in the sense that it was all one set of crimes that were at least in part sexually motivated. Thus, it was unreasonable for the circuit court to rely on the crimes Jackson committed on November 22 in determining whether it was proper to order sex-offender registration.”

Reversed and Remanded.

Recommended for publication in the official reports.

2010AP2689-CR State v. Jackson

Dist. IV, Portage County, Flugaur, J., Higginbotham, J.

Attorneys: For Appellant: LaZotte, Paul G., Madison; For Respondent: Weber, Gregory M., Madison; Isherwood, Veronica Fay, Stevens Point