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AttorneyTom
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i was convicted on 2nd degree sexual assault in wisconsin on

Customer Question

i was convicted on 2nd degree sexual assault in wisconsin on 3/1993 it was not violent at time i was 21 and my girlfriend was 15 was not pressing charges but state prosecuted was not put in prison just probation. can i get off sexual offender registration now that has been almost 20yrs later
Submitted: 5 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 5 years ago.
Hello! Thank you for bringing your question to JustAnswer! I'mCustomerand I'll be happy to provide some valuable information! I have spent the last several minutes reviewing and researching your question.

Wisconsin statutes state that an individual who was sentenced only to probation is no longer required to register after 15 years have passed from the date on which the probationary period ends. Accordingly, you may wish to have your attorney review the date on which your probation ends and the final disposition of your charge, as the registration period may have expired or may expire soon. Alternatively, your attorney may find that petitioning for early relief from the reporting requirement is an option depending on the details of the situation.

Wisconsin Statutes Section 301.45(5)(a)(1)
Read the whole statute here: https://docs.legis.wisconsin.gov/2009/statutes/statutes/301/45
(5)Release from requirements for persons who committed a sex offense in this state.
(a) Except as provided in pars. (am) and (b), a person who is covered under sub. (1g) (a), (b), (bm), (c), (d), (dd), (dp), (e) or (em) no longer has to comply with this section when the following applicable criterion is met:
1. If the person has been placed on probation or supervision for a sex offense, 15 years after discharge from the probation or supervision imposed for the sex offense.


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Customer: replied 5 years ago.
when i check the registry online it says lifetime 948.02(2) can you explain
Expert:  AttorneyTom replied 5 years ago.
Lifetime registration requirements should occur generally when an individual has been convicted of two or more sex offenses or when an individual is found to be sexually violent. Examples of crimes that can result in such a requirement would be sexual assault, sexual assault of a child, or other sexually motivated felonies. When lifetime reporting has been ordered, an individual may, depending on the circumstances, be able to petition to have the reporting requirement terminated after 15 years. In that way, even if an individual has been ordered to report for a lifetime, an early termination of that requirement may be possible at the court's discretion when the individual has engaged in no further offenses.

Please let me know if you need any clarification!

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I rely on your honor to earn my living and I hope that you will click accept so that I am paid for my time and effort spent providing this information. If you don't click accept, I don't get paid anything at all.

If you have a follow-up question, please be sure to ask it using the REPLY feature and I will respond as promptly as possible. In some instances, depending on how long you wait to reply, there may be a delay in my response as I may be taking a necessary break from work.

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Customer: replied 5 years ago.
What is definition of child? She was 15
Expert:  AttorneyTom replied 5 years ago.
Wisconsin's definition statute regarding that matter is 948.01(1). According to the statute:
“Child” means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child” does not include a person who has attained the age of 17 years.

There is a compilation of the various statutes pertaining to sex offenses in Wisconsin, including the definitions statute, here:
http://moraloutrage.net/state-laws/wisconsin-age-of-consent-laws/

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I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I rely on your honor to earn my living and I hope that you will click accept so that I am paid for my time and effort spent providing this information. If you don't click accept, I don't get paid anything at all.

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Customer: replied 5 years ago.
Ok well as I stated she was 15
Expert:  AttorneyTom replied 5 years ago.
Yes. I responded directly to the question you previously asked and I quoted and cited the relevant statute. Did you want to know more? What else do you want to know?

The statute, which clearly addresses the definition of child, states:
“Child” means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child” does not include a person who has attained the age of 17 years.

Because a 15 year old has not attained 17 years of age, a 15 year old falls under the definition of "child."

Please let me know if you need any clarification!

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I rely on your honor to earn my living and I hope that you will click accept so that I am paid for my time and effort spent providing this information. If you don't click accept, I don't get paid anything at all.

If you have a follow-up question, please be sure to ask it using the REPLY feature and I will respond as promptly as possible. In some instances, depending on how long you wait to reply, there may be a delay in my response as I may be taking a necessary break from work.

Thank you again for coming to JustAnswer!

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