Equal Protection – Sex Offender Registration – Juvenile – False Imprisonment

State v. Joseph E.G., 2001 WI App 29, 240 Wis. 2d 481, 623 N.W.2d 137

For Joseph E.G.: Susan E. Alesia, SPD, Madison Appellate

Issue: Whether § 301.45(1m) (1997-98) violates equal protection and substantive due process in failing to excuse juveniles convicted of false imprisonment from sex offender registration.

Holding:

¶12 In contrast to the facts that could relieve an offender from registration for those crimes enumerated in WIS. STAT. § 301.45(1m), the crime of false imprisonment is never consensual and never a crime solely because of the age of the victim. … Therefore, we conclude the classification created by § 301.45(1m) is rationally related to protecting the public, meets one of the legislative objectives of registration, and does not violate constitutional guarantees of equal protection as applied to Joseph.” “¶14 Joseph’s substantive due process contention is simply a restatement of his equal protection claim. … Accordingly, we need not provide a separate substantive due process analysis.