Guava LLC v. Spencer Merkel

Failure to Comply with the Registration Law

In certain circumstances, the BCA may make information public about an offender who is out of compliance with the registration law. The offender must be out of compliance for 30 days or longer for failure to provide his or her primary or secondary addresses. If the offender is 16 years of age or older and out of compliance, information about him or her may be made available to the public through electronic, computerized, or other accessible means. The amount and type of information disclosed is limited to the information necessary for the public to assist law enforcement in locating the offender. The BCA is immune from criminal or civil liability based upon the accuracy or completeness of any information made public, if the BCA acts in good faith.

An offender who comes into compliance with the registration law after the BCA discloses information about him or her may send a written request to the BCA to request that the information be treated as private data. The BCA must review the request and respond. An offender also may challenge the accuracy or completeness of the data. Minn. Stat. § 243.166, subd. 7a.

A person who knowingly violates any of the provisions of the registration law or who intentionally provides false information to a corrections agent, law enforcement authority, or the BCA is guilty of a five-year felony. The court must commit the person to the Commissioner of Corrections for not less than one year and one day for a first offense and not less than two years for a subsequent offense. A prosecutor may move to have the person sentenced without regard to the mandatory minimum. The court may sentence the person without regard to the mandatory minimum on the prosecutor’s motion or the court’s own motion, but such a sentence is a departure from the sentencing guidelines.

Minn. Stat. § 243.166, subd. 5.

CREDIT: The content of this and any related posts has been copied or adopted from the Minnesota House of Representatives Research Department’s Information Brief, Sex Offenders and Predatory Offenders: Minnesota Criminal and Civil Regulatory Laws, written by Legislative Analyst Jeffrey Diebel.

This post is also part of a series of posts on Minnesota Criminal and Civil Regulatory Laws Regarding Sex Offenders and Predatory Offenders.