Discretionary Registerable Offenses

The Court has discretion under Wisconsin statutes to require in a court order that a person register for violating these statutes:

Criteria for entry vary from state to state.  State laws regarding Sex Offender Registration may require subjects to be listed on a state Sex Offender Registration File that may not meet the criteria for entry of the subject to the NCIC Sex Offender Registration File.  Following are the criteria for entry of a subject to the NCIC Sex Offender Registration File. As per Title 42, USC, Section 14072(a), sexual offender registry information records can be entered in the NCIC System for the following subjects:

1.  A person who has been convicted of a criminal offense against a minor. The phrase “criminal offense against a victim who is a minor” is defined as any criminal offense in a range of offenses specified by state law which is comparable to or which exceeds the following range of offenses:

•      Kidnapping of a minor, except by a parent;

•      False imprisonment of a minor, except by a parent;

•      Criminal sexual conduct toward a minor;

•      Solicitation of a minor to engage in sexual conduct;

•      Use of a minor in a sexual performance;

•      Solicitation of a minor to practice prostitution;

•      Any conduct that by its nature is a sexual offense against a minor; or

•      An attempt to commit an offense described in any of the clauses above if the state makes such an attempt a criminal offense; and chooses to include such an offense in those which are criminal offenses against a victim who is a minor.

2.  A person who has been convicted of a sexually violent offense. The phrase “sexually violent offense” is defined as any criminal offense in a range of offenses specified by state law which is comparable to or which exceeds the range of offenses encompassed by aggravated sexual abuse or sexual abuse (as described in Sections 2241 and 2242 of Title 18, USC, or as described in the state criminal code), or an offense that has its elements engaging in physical contact with another person with intent to commit aggravated sexual abuse or sexual abuse (as described in Sections 2241 and 2242 of Title 18, USC, or as described in the state criminal code).

3.  A person who is a sexually violent predator. The phrase “sexually violent predator” is defined as a person who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. A determination of whether a person is a sexually violent predator shall be made by a court after considering the recommendation of a board composed of experts in the behavior and treatment of sex offenders, victims’ rights advocates, and representatives of law enforcement agencies. The Attorney General may waive the above-stated requirements if the Attorney General determines that the state has established alternative procedures or legal standards for designating a person as a sexually violent predator.

The Attorney General may also approve alternative measures of comparable or greater effectiveness in protecting the public from unusually dangerous or recidivistic sexual offenders in lieu of the specific measures set forth in this section regarding sexually violent predators.