819 N.W.2d 288
Wis. Ct. App.2012Background
- Jackson appeals a second-amended judgment and an order requiring sex-offender registration under Wis. Stat. § 973.048(lm).
- The circuit court ordered registration after considering underlying Nov. 19, 2005 conduct as sexually motivated and after noting read-in Nov. 22, 2005 sexual assault.
- Jackson pled no contest to four Nov. 19 offenses (intimidation of a witness, false imprisonment, battery-domestic abuse, taking and operating a vehicle) as a repeat offender; two read-in offenses (Nov. 22 sexual assault and additional battery) were dismissed and read-in for sentencing.
- The PSI did not recommend registration and the court did not impose registration at sentencing; Martel held read-ins cannot justify registration.
- The court relied on read-in offenses and on the November 19–22 incident as an ongoing event, then ordered registration; on appeal, the court held November 19 conduct was not sexually motivated and reversed remand for removal of registration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether November 19 conduct was sexually motivated under §980.01(5). | Jackson argues no sexual motivation shown. | State contends conduct was sexually motivated based on read-ins and pattern. | No; November 19 conduct not shown sexually motivated. |
| Whether read-in offenses can support registration under §973.048(lm). | Martel bars reliance on read-ins to order registration. | State relies on read-ins to establish motivation and public protection. | Read-in offenses may not support registration under §973.048(lm). |
| Whether the court may rely on read-in sexual assault to determine motivation for November 19 offenses? | Martel prohibits reliance on read-ins for §973.048(lm). | Court found read-in relevant to motivation and public protection. | Not permissible; cannot rely on read-in to prove motivation. |
| Whether the “ongoing incident” theory supports registration. | No continuous pattern tying Nov. 19 to sexual motivation. | Court treated events as linked in violence and control. | The theory fails; cannot justify registration. |
Key Cases Cited
- Martel v. State, 262 Wis. 2d 483 (Wis. 2003) (read-ins cannot justify registration; false imprisonment must be sexually motivated and public protection needs shown.)
- Kalal v. State ex rel. Cir. Court, 271 Wis. 2d 633 (Wis. 2004) (statutory interpretation framework.)
- State v. Austin, 49 Wis. 2d 727 (Wis. 1971) (read-in offenses admitted for sentencing purposes.)