Minnesota Sex Offender Records

What is a Sex Offender?

The term "sex offender" is a term reserved for persons convicted of crimes involving sex or sexual activity. These offenses may be anything from rape, child pornography to indecent exposure. Different states have different categories of these crimes and applicable punishments to perpetrators of sex crimes. In Minnesota, the state courts are responsible for administering justice regarding sex crimes.

The state does not take the commission of sex offenses lightly, and convicted persons may face jail time, pay a fine, or both. Convicted perpetrators of these crimes may have to attend compulsory sex offender programs and register as predatory offenders. A sex offense conviction can also affect the life and future of a person that commits the crime, sometimes permanently.

Who is Considered a Sex Offender in Minnesota?

The Minnesota Statutes defined the term ‘sex offense’ to mean a violation of the sections of the statutes that provide for certain prohibited sexual acts and a violation of any similar statute in the United States or any other state. Also, the House Research Department of the Minnesota House of Representatives defines the term ‘predatory offender’ as referring to a person that has committed a predatory offense. Such offenses include false imprisonment, kidnapping, and all other acts designated as sex crimes under the Minnesota Statutes, federal law, or the law of other states.

Sec. 609.3453 of the Minnesota Statutes then describes a criminal sexual predatory conduct as one that occurs where the courts find a person guilty of a predatory crime motivated by the sexual impulses of the perpetrator or a predatory pattern of behavior that has the goal of achieving criminal sexual conduct.

What are the Different Types of Sex Offenses in Minnesota?

Under the Minnesota Statutes, certain acts or conducts can bring about a conviction for a sex or predatory offense. These offenses include:

1st Degree Criminal Sexual Conduct: Where an individual carries out acts of sexual penetration or sexual contact with a minor under 13, such an individual commits criminal sexual conduct in the 1st degree. To satisfy the elements of this offense, the following factors must occur, under sec. 609.342:

The victim must be below 13 while the perpetrator is three or more years older than the victim. Consent or mistake as to the victim’s age is not a defense
The victim must be up to 13 but below 16, and the perpetrator, over four years older than the victim and in a position of authority
A reasonable fear by the victim of imminent bodily harm from the perpetrator
The perpetrator operates with a dangerous weapon or any item that looks like one and uses this item to threaten or subdue the victim
The perpetrator has accomplices who use force or coercion to get the victim to submit
The victim and the perpetrator have a significant relationship, and the victim was below 16 at the time of the offense
While the perpetrator used force or coercion to carry out the act, the victim suffered a serious personal injury, and the abuse involved acts that spanned over a while

In Minnesota, 1st-degree criminal conduct is a crime that attracts a maximum prison sentence of 30 years, or a maximum fine of $40,000, or both.

2nd Degree Criminal Sexual Conduct: Sec. 609.343 of the Minnesota Statutes covers this offense, and it arises in the following circumstances:

Where the victim is under the age of 13 and the perpetrator is over three years older. Consent is not an excuse, and the state needs not prove coercion
Where the victim is up to 13 but below 16 and the perpetrator, over four years older than the victim and in a current position of authority over the victim. Again, consent is not an excuse.
Where there is a reasonable fear by the victim of imminent bodily harm from the perpetrator
Where the perpetrator operates with a dangerous weapon or any item that resembles one and uses this item to threaten or subdue the victim
Where the perpetrator using a weapon, knows that the victim is physically helpless, mentally incapacitated, or impaired
Where the perpetrator has accomplices who use force or coercion to get the victim to submit
Where the perpetrator has an armed accomplice and uses or threatens to use it to subdue the victim
Where the victim and the perpetrator have a significant relationship and the victim was below 16 at the time the act occurred
Where the victim sustained a personal injury and the acts of sexual abuse were multiple and extended over a given period

Under Minnesota law, a person convicted under this category may get a maximum prison sentence of 25 years or may pay a maximum fine of $35,000, or both.

3rd Degree Criminal Sexual Conduct: Where a person carries out an act of sexual penetration with another person, sec. 609.344 describes such an act as a 3rd Degree Criminal Sexual Conduct if the following circumstances exist:

The victim is below 13, and the perpetrator is over three years older than the victim.
The victim is up to 13 but below 16, and the perpetrator is more than two years older than the victim.
The perpetrator uses force or coercion to achieve the act of penetration
The victim is mentally impaired, incapacitated, or physically helpless, and the perpetrator is aware of the victim’s condition
The victim is up to 16 but less than 18, and the perpetrator is more than two years older than the victim and is in a position of power over the victim.
The perpetrator and the victim have a significant relationship, and the victim was at least 16 but less than 18 at the time of the act of sexual penetration.
The perpetrator worked with an accomplice that used force or coercion to complete the sexual penetration
During the forced penetration, the victim suffered personal injury
The acts of sexual abuse went on over a period of time and involved multiple acts
The perpetrator is a psychotherapist, and the victim is a former patient of the perpetrator who is emotionally dependent on the perpetrator
The perpetrator achieved the sexual penetration using acts of deception or false representation that the sexual acts were for a legitimate medical purpose
The perpetrator is a member of the clergy, and the victim is not married to such a perpetrator
The act of sexual penetration occurred at times when the victim met the perpetrator for spiritual or religious advice, aid, or comfort in private
The perpetrator is a staff, volunteer, or an independent contractor in a state, county, city, or privately operated adult or juvenile correctional facility, secure treatment facility, or treatment facility that provides services to clients that are committed as mentally ill and dangerous, sexually dangerous persons, or sexual psychopathic persons. These facilities include, but are not limited to, jails, prisons, detention centers, or work release facilities, and the victim is a resident of such a facility or under supervision of the correctional system.
The perpetrator is an agent of an establishment that provides special transport services and that the victim uses such a special transport service. Also, the sexual penetration occurred immediately before, during, or right after the perpetrator transported the victim.
The perpetrator is a masseuse or does bodywork for hire. The victim patronized such services, and in the course of the service, or immediately before or after the victim hired the perpetrator to carry out the service, a nonconsensual sexual penetration occurred.
The perpetrator is a peace officer and physically or constructively restrains the victim, or the victim does not feel comfortable leaving the officer’s presence. An exception is where the act of penetration of the mouth, genitals, or anus occurs during a lawful search.

Persons who commit crimes in this category may face a maximum imprisonment term of 15 years or a maximum fine of $30,000 or both. In certain circumstances where the victim is older than 13 but younger than 16, such an offender may face a maximum term of 5 years or a maximum fine of $30,000, or both.

4th Degree Criminal Sexual Conduct: According to sec. 609.345, a person commits 4th-degree criminal sexual conduct where:

The perpetrator used coercion to carry out the sexual conduct
The perpetrator knows or has reason to believe that the victim is mentally incapacitated, impaired, or physically helpless
The perpetrator used force, or at the time of the act, the perpetrator was in a prohibited relationship with the victim
The victim is below 18, and the perpetrator is three years older than the victim. Consent is not an excuse in these circumstances, and the state need not prove that coercion was involved
The victim is up to 14 but less than 16, and the perpetrator is over four years older than the victim or is in a position of authority over the victim. Consent, in this case, is not a defense
The perpetrator used coercion to carry out the sexual contact
The perpetrator knows or has reason to know that the victim is mentally impaired, incapacitated, or physically helpless
The victim is up to 16 but below 18, and the perpetrator is over three years older than the victim and is in a position of authority over the victim
The perpetrator has a significant relationship with the victim, and the victim was at least 16 but below 18 at the time of the sexual contact
The perpetrator had an accomplice who used coercion or force to carry out the act
The victim suffered physical injury due to force or coercion
The acts of sexual abuse were over an extended period of time
At the time of the sexual abuse, the perpetrator was in a prohibited occupational relationship with the victim

Any person convicted of a crime in this category may face a term of imprisonment at a maximum of 10 years, or a maximum fine of $20,000, or both.

5th Degree Criminal Sexual Conduct: Under sec. 609.3451, a person is guilty of an offense in this category if the person carries out an act of nonconsensual sexual penetration. It also applies in circumstances where a person carries out an act of nonconsensual sexual contact, masturbation, or some other lewd behavior before a minor that is below the age of 16 and offender is aware that the minor is present. In this category, sexual contact includes intentionally removing or attempting to remove the clothes that cover the intimate parts of a victim by the perpetrator if the act is accompanied by sexual or aggressive intent.

If the courts find a perpetrator in this category guilty of a gross misdemeanor, the perpetrator can face a maximum sentence of a year, a maximum fine of $3,000, or both. Where the courts find a perpetrator guilty of a felony, such a perpetrator may face a maximum imprisonment term of seven years, payment of a maximum fine of $14,000, or both, if the perpetrator has a similar previous conviction and commits a subsequent act within ten years of the first conviction.

What Types of Sex Offenders Exist in Minnesota?

The State of Minnesota classifies sex offenders according to the risk posed by persons convicted of these crimes. To determine the category to place different levels of perpetrators, sec. 244.052 of the Minnesota Statutes mandates the Commissioner of Corrections to create a risk assessment scale, with professional input from law enforcement officers, county attorneys, probation officers, and treatment professionals. The function of this scale is to evaluate perpetrators against different risk factors and determine which risk level to assign to a perpetrator. Some of the risk factors used to determine offender levels in Minnesota are:

The gravity of the offense and whether the perpetrator is likely to commit a crime of the sort again
Whether or not the perpetrator used or attempted to use a weapon in committing the offense
The age of the victim at the time of the crime
The criminal history of the perpetrator
The relationship that exists between the offender and known victims

After accessing a perpetrator, the Community Notification Act of Minnesota mandates the committee responsible for assigning such a person to any of the following risk levels:

Level 1: In the State of Minnesota, the law may regard a sex offense perpetrator as a level 1 offender where the risk assessment shows that such an offender has a low risk of reoffending.

Level 2: Where a sex offender's risk assessment score indicates a moderate risk of reoffending, the committee in charge may classify such an offender as a level 2 sex offender in Minnesota.

Level 3: The State of Minnesota classifies persons convicted of sex offenses as level 3 sex offenders where after the risk assessment, such an offender presents a high risk of reoffending.

How to Find a Sex Offender Near Me in Minnesota

Sec. 243.166 of the Minnesota Statutes requires law enforcement officers to make available to the public the information of non-compliant sex offenders in the state. Interested persons may find sex offender information in Minnesota through the state Predatory Offender Registry. Generally, Level 1 and 2 risk level offender information is not made public but may be released where the offender is non-compliant.

Another way of finding information on perpetrators in Minnesota is to make a criminal complaint request or request the sentencing documents of the perpetrator from the court in the county where the offense occurred. Making this kind of request comes at a price, as the county may charge a fee to release these documents. Interested persons may obtain sex offenders' information from the nearest law enforcement office or department.

Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:

The full name on the record of choice
The last known or current address of the named individual
The address of the requestor

What Happens When You Register as a Sex Offender in Minnesota?

All convicted perpetrators of sex crimes in Minnesota must register for a minimum period of ten years, or the length of probation, whichever is longer. In some cases, perpetrators may register for life, and a failure to register attracts an extra five years of registration or a prison sentence.

Pursuant to Sec. 243.16, a convicted perpetrator must register at least five days before moving to a new address or state. The registration information must contain a written statement, fingerprints, DNA samples, and a photograph. It must also contain a primary address, secondary addresses, place of employment or school, all owned properties, vehicle registration details, and all phone numbers of the perpetrator.

Sec. 244.052(4) places a duty on local law enforcement in any city where a convicted perpetrator of a sex offense lives, intends to live, or works to carry out community notification. Law enforcement must reveal to members of the public in that area all relevant information about the perpetrator to protect the public. The disclosure of this information may then affect the lifestyle options of a perpetrator.

If a convicted perpetrator is classified under level 1, law enforcement officers must first communicate information on that perpetrator to other law enforcement agencies in the area. Other persons law enforcement may disclose to are the victim(s) or witness(es) of the offense, only where such persons requested the disclosure. Law enforcement officers may also disclose the information to the adult members of the perpetrator’s immediate family.

Where the perpetrator is a level 2 offender, law enforcement may share relevant information with groups, organizations, and agencies that the perpetrator may come in contact with. These groups or institutions are daycare facilities, educational facilities, and all other places that possible victims may be. The purpose of this particular notification is to protect those institutions and the persons that the institutions cater to.

Upon the release of a perpetrator that is at risk level 3, such a perpetrator must not live within proximity of a school. Also, property owners who shelter victims of abuse may not rent property to offenders of this level. Where this happens and the property owner finds out, the owner or manager may evict the convicted perpetrator.

For risk level 3 convicted perpetrators, law enforcement may disclose sex offender information to members of the perpetrator’s family, agencies, and institutions the perpetrator may come in contact with, and all other members of that community that the perpetrator may come in contact with. The only instance where law enforcement may withhold such information is where the disclosure will compromise public safety or where withholding the identity of the person will protect the identity of the victim.

The Commissioner of Corrections must also create and manage a website for posting information on convicted perpetrators who are at risk level 3. Such information found on the website is those that are forwarded to the commissioner by law enforcement. The commissioner must update the website regularly to reflect changes in the perpetrator’s address and for the time that the perpetrator is subject to community notification.

What is the Minnesota Sex Offender Registry?

The Minnesota sex offender registry is a statewide database that contains constantly updated information on sex offenders who are subject to registration under Minn. Stat. § 243.166. The registry provides information such as the offender's name, aliases, photograph, addresses, offense details, and physical description. In accordance with state laws, persons who are convicted of or adjudicated for committing sex crimes may comply with registration requirements for ten years or for life, depending on the offense.

Interested members of the public may also obtain public record information from third party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. To use a third-party site, record seekers may be required to provide all of some of the following information:

The full name on the record of choice
The last known or current address of the named individual
The address of the requestor

Who Runs the Minnesota Sex Offender Registry?

The Minnesota Bureau of Criminal Apprehension (BCA) is responsible for collecting the required registration information forwarded by courts, law enforcement authorities, and corrections agents, as well as verifying the information provided. The bureau also carries out investigations to ensure compliance with the registration laws and make information of non-compliant offenders - who are at least 16 years old - publicly available on the predatory offender registry established on August 1, 1991.

Additionally, the Minnesota Department of Corrections maintains a public registrant database that discloses information on offenders subject to public notification under Minn. Stat. § 244.052 or 253D.32.

Who Can View the Minnesota Sex Offender Registry?

Anyone can view the BCA predatory offender registry maintained by the Bureau of Criminal Apprehension. It discloses information on non-compliant offenders. However, under Minn. Stat. § 243.166 (7a), registration information on complaint offenders is classified as private and is unavailable for public viewing. The same rule applies to the Department of Corrections public registrant database.

What are the Sex Offender Laws in Minnesota?

The Minnesota Statutes govern sex offender registration in the state. The statute covers registration requirements, risk level assessment, regulation, and community notification. Some provisions of the Minnesota Statutes include:

Predatory Offender Registration Laws

Minnesota predatory offender registration laws (Minn. Stat. § 243.166) lists crimes that require registration, set specific registration procedures, and outline information to be provided to the corrections agent or law enforcement authority.

Juvenile Sex Offender Laws

The Juvenile Sex Offender Law deals with juvenile sex offender treatment, assessment, and residency restrictions. According to this law, a court may prohibit a juvenile offender (as defined in Minn. Stat. 260B.198.1a) from living within 1,000 feet or three city blocks away from the victim if the offender does not reside in the same home as the victim.

Mandatory Posting of Level III Offender Information

As per Minnesota Statutes § 244.052 and 242.166, registration information on non-compliant offenders is public and available online on the predatory offender portal managed by the Bureau of Criminal Apprehension and the public registrant database maintained by the Department of Corrections.

End-of-Confinement Risk Assessment

Minnesota Statutes § 244.052 established an end-of-confinement review committee made up of a law enforcement officer, a victim's service professional, an experienced caseworker, a trained treatment professional, and a chief executive officer or head of correctional/treatment facility. Before an offender's release from confinement, the committee shall carry out risk assessments to determine the offender's likelihood to re-offend and assign risk levels, which may affect their notification levels and residency restriction.

Community Notification Act

Under this Act, the end-of-confinement review committee determines the persons, organizations, and entities that are subject to notification. The committee also determines the amount of information to be disclosed based on the offender’s risk assessment level. Offenders under risk level III have the most extensive notification level.

Work and Residency Restrictions

There are no set work or residency restrictions on offenders in Minnesota. However, the end-of-confinement review committee may consider level III offenders and set residency restrictions to mitigate the concentration of sex offenders in a community and reduce offenders' proximity to schools and other areas.

Can a Sex Offender Live With Their Family in Minnesota?

There are no laws restricting sex offenders from living with their families in Minnesota. However, if offenders chose to live with family, they must adhere to the residency restrictions given by the end-of-confinement review committee.

How Long Do Sex Offenders Have to Register in Minnesota?

Sex offenders in Minnesota may register for 10 years or life, depending on the case. Except otherwise stated by law, persons required to register under Minn. Stat. 243.166 must keep the registration laws until ten years after initial registration for the offense, probation, conditional release, or supervised release period expires, whichever happens later.

However, violations of registration procedures like provision of primary address or return of verification form may lead to additional five years added to the offender’s registration period. Furthermore, offenders may be required to register for life if they:

Have prior convictions or adjudications for sex offenses under Minn. Stat. § 244.166(1b)
Have prior convictions or delinquency adjudications for sex offenses under Minn. Stat. § 609.185, where the offender was found to cause the death of a person
Were convicted of a first, second, third, or fourth-degree criminal sexual conduct, for instance, having sexual penetration or engaging in sexual contact with a minor under 13 as defined in Minn. Stat. § 609.342 to 609.345
Are required to register pursuant to a court commitment under Minn. Stat. § 253B.185 (2012), chapter 253D, or Minn. Stat. § 526.10 (1992)
Are required to register according to any similar statute or law of another state or the United States

Do Sex Offenders Have to Notify Neighbors in Minnesota?

Apart from mandatory registration requirements, offenders are not required to notify the community of their sex offender status. It is the responsibility of law enforcement agencies to disclose needed information to the community members, health care facilities, educational institutions, and organizations as stipulated under Minn. Stat. § 244.052. Law enforcement agencies may provide notices to the following based on offenders risk level:

Risk level I: Other law enforcement agencies, victims, witnesses, and adult members of the offender's immediate family
Risk level II: Entities mentioned above and agencies or groups that the offender is likely to encounter, such as daycare facilities and public or private educational institutions.
Risk level III: Entities notified under risk level I and II as well as other members of the community whom the offender is likely to encounter, at the discretion of the law enforcement agency.

Do Sex Offenders Have to Put Up a Sign in Their Yard in Minnesota?

No, Minnesota statute does not require sex offenders to put up a sign stating their sex offender status in their yard.

How Close Can a Sex Offender Live to a School in Minnesota?

Minnesota does not have a set distance for sex offenders to live apart from neighboring schools. Residency restrictions are determined by the end-of-confinement review committee, which considers the proximity of offenders to schools and other sex offenders based on the offender’s crime patterns. The committee shall work with the offender’s supervisory agency to mitigate the concentration of level III offenders in an area and notify agencies, schools, and the community.

A level III offender may live within a range of 500 to 2,500 feet away from schools, playgrounds, school bus stops, or recreation centers, depending on the committee's assessment. Moreover, offenders required to register by a similar law of another state or the United States who wish to enter Minnesota must also conform to the end-of-confinement review committee review.

Note: Before release, offenders may already be designated to a residential facility or a likely residence upon release.

How to Look Up Sex Offenders in Minnesota

Interested persons may use the BCA predatory offender search tool to find non-compliant offenders by last name, first name, or location. Users may narrow down search results by providing city, county, zip code, and offender’s age range.

Alternatively, individuals may conduct city, county, zip code, or name search on the DOC public registrant database to find sex offenders required to register by law. Users may also access the website to view a list of registrants living in Minnesota, a list of registrants whose address is currently unknown, or a list of wanted fugitives.

Can You Expunge a Sex Offender Charge in Minnesota?

Predator offenders who register under Minn. Stat. § 243.166 can never expunge their records. Therefore, sex offenders cannot seal their records from public view if convicted of a violation of - or attempt, conspiracy, aiding, or abetting to commit any of the following:

Murder
Kidnapping
Criminal sexual conduct
Indecent exposure
Interference with privacy (surreptitious intrusion)
Criminal abuse
False imprisonment
Prostitution
Promotion, solicitation, or inducement of prostitution of a minor
Using or soliciting a minor in a sexual performance
Possessing pornographic work involving a minor

However, Minnesota expungement laws allow juveniles and adults convicted of petty misdemeanors, misdemeanors, gross misdemeanors, and certain felonies to expunge their records from public access, pursuant to Minn. Stat. § 609A. Eligible offenders may only petition for expungement upon the successful satisfaction of penalties and conditions, including the waiting period without subsequent charges:

Felony: at least five years
Gross misdemeanor: at least four years
Petty misdemeanor or misdemeanor: at least two years

Note: Expungement refers to the removal of records from public view and not destruction.

Is Public Urination a Sex Offense in Minnesota?

No, public urination alone is not considered a sex offense in Minnesota and is likely to be charged as disorderly conduct. However, a lewd display or exposure of a person's body or private part, as well as other indecent behavior done in public may be charged as indecent exposure or criminal sexual conduct, which may require sex offender registration under Minn. Stat. § 243.166.

What is Indecent Exposure in Minnesota?

Indecent exposure in Minnesota is any willful, lewd, or lascivious exposure of a person’s body or private part and any other behavior specified under Minn. Stat. § 617.23. Persons who commit indecent exposure in public can be guilty of a misdemeanor, gross misdemeanor, or felony, depending on circumstances surrounding the offense. Misdemeanors are often first-time violations of the following:

Lewd or willful exposure of the offender’s body or private parts
Getting another to display private parts
Participation in any gross lewdness or lascivious behavior in public or any public indecency, excluding breastfeeding

Alternatively, a person is guilty of a gross misdemeanor if the above-mentioned crimes were committed in the presence of a minor less than 16 years old or if the offender has a prior conviction of criminal sexual conduct. Lastly, indecent exposure may be a felony if the person commits a crime in front of a minor after prior convictions of criminal sexual conduct. It may also be a felony if the offender commits any of the above offenses in the presence of another person who is intentionally detained or restricted from moving.

How to Report a Sex Offender in Minnesota

Interested persons can submit anonymous tips on non-compliant sex offenders by clicking the link on the offender’s profile after conducting a Predatory Offender Search. Individuals can also call (888) 234-1248 or (651) 793-7070 on weekdays between 8:00 a.m. and 4:30 p.m. and ask to speak to a member of the Non-Compliance Team. Furthermore, persons that find inaccurate information on the site may send an email to BCA.POR.Websitequestions@state.mn.us. For tips concerning a sex offender’s location or threat to the safety of an offender, contact the law enforcement agency in the city or county where the offender resides.