Sexual Assault Cases

A. DNA requirements

1. Court shall order for violations of §§ 940.225, 948.02(1) or (2),948.025, or 948.085 Wis. Stats.
2. Court may order for violations of Ch. 940, 944, 948, or §§942.08, 943.01-15
3. Current surcharge is $250.00 paid by juvenile

B. Wisconsin Sex Offender Registration - §§ 938.34(15m) Wis. Stats. See also § 301.45(1m)(be)

1. § 938.34(15m)(am) lists circumstances under which the court may require registration under Wisconsin law.
2. § 938.34(15m)(am) lists circumstances under which the registration shall be ordered unless juvenile successfully makes a motion to omit or stay the registration under Wisconsin law.
3. Court may order reporting requirements for life.
4. Reporting requirements are found at § 301.45 Wis. Stats.
5. Motions to stay the registration requirement

a. Burden of proof lies with the juvenile.
b. Judges will often consider a stay while the juvenile remains on the court order.

Practice Tip: Review the issue near the end of the order.  This allows time to develop positive information such as:

1) Compliance with the order.
2) Testimony from experts
3) Treatment and progress therein
4) The probability of future offenses (see risk assessments)
5) Any other factor the court deems relevant
6) Relevant case law State v. Cesar G., 272 Wis. 2d 22, 682 N.W.2d 1(2004)

C. Commitment under Ch. 980 Wis. Stats. as Sexually Violent Person

1. Convicted, delinquent, or NGI for a sexually violent offense
2. Has a mental disorder
3. Likely to engage in future acts of sexual violence
4. DOC does evaluation as a matter of course prior to release

a. In order to “progress” through treatment, juvenile must admit to treatment provider; this is a problem if the juvenile has lost at trial but is innocent.
b. Information juvenile provides will be used against him     

1) Includes information during the legal process     
2) Includes information provided as part of required treatment

5. Commitment

a. Required in secure facility to trigger eligibility
b. Initially for 18 months
c. May be for lifetime

6. Discharge

a. Proceeding available
b. Prohibited under the following

  1) Danger of sexual violence continues
  2) Insufficient progress in treatment

Notable Cases
State v. Jeremy P., 2005 WI App 13
Mandatory sex offender registration is not criminal punishment.

In the Interest of Stephen T., 2002 WI App 3, 250 Wis. 2d 26, 643 N.W.2d 151
The trial court erred in barring evidence that juvenile was not mature enough to form criminal intent underlying the sexual assault charge. The law criminalizes a child's sexual contact with another child only when the perpetrator possesses the intent to become sexually aroused in a manner that is inconsistent with childhood behavior. In other words, it criminalizes children when they behave like adults, not when they behave in a manner normative to their age.

State v. Terry T., 2002 WI App 81, 251 Wis. 2d 462, 643 N.W.2d 175
SJOP is a placement that must occur at an original disposition; it is not a disposition to extend, revise or change a placement already in effect.

Helpful articles related to Keeping Kids Off the Registry
Human Rights Watch - "Raised on the Registry"