On Point blog, page 1 of 1
Due Process – Sex Offender Registration Juvenile – Constitutionality
State v. Jeremy P., 2005 WI App 13
For Jeremy P.: Adam B. Stephens
Issue/Holding: Because mandatory sex offender registration for certain juvenile offenders, §§ 938.34(15m)(bm) and 301.45(1m), is not punishment it does not violate procedural due process, ¶¶8-15. The court’s retention of discretion in administering registration defeats a substantive due process claim, ¶22. An equal protection argument, based on claim of children-as-supsect-class, is also rejected, ¶¶23-29.
Equal Protection – Sex Offender Registration – Juvenile – False Imprisonment
State v. Joseph E.G., 2001 WI App 29, 240 Wis. 2d 481, 623 N.W.2d 137
For Joseph E.G.: Susan E. Alesia, SPD, Madison Appellate
Issue: Whether § 301.45(1m) (1997-98) violates equal protection and substantive due process in failing to excuse juveniles convicted of false imprisonment from sex offender registration.
Holding:
¶12 In contrast to the facts that could relieve an offender from registration for those crimes enumerated in WIS.