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Abuse of Discretion – Sex Offender Registration

By: Derek Hawkins//November 13, 2019//

Abuse of Discretion – Sex Offender Registration

By: Derek Hawkins//November 13, 2019//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Genevieve S. Thornberry

Case No.: 2018AP1578-CR

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Abuse of Discretion – Sex Offender Registration

Genevieve S. Thornberry appeals an amended judgment convicting her of causing mental harm to a child, contrary to WIS. STAT. § 948.04(1) (2017-18), to the extent that it ordered her to register as a sex offender under WIS. STAT. § 301.45. The amended judgment resulted from a hearing the circuit court sua sponte called post-sentencing at which it ordered the sex-offender registration. She also appeals the order denying her postconviction motion that challenged the court’s authority to recall the case on its own.

We agree that it would have been within the court’s discretion at the initial sentencing to order sex-offender registration, even though the State did not request it. Ordering registration later upon its own initiative, however, strikes us as impermissible sentence-modification upon “reflection by the court.” We reverse and remand the matter to the circuit court with instructions to enter an amended judgment of conviction that does not require Thornberry to register as a sex offender.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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