Wisconsin Statutes
Wis. Stat. § 973.048 (2026)
Sex offender reporting requirements
✓ current as of July 2026
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973.048(1m)(a)(a) Except as provided in sub. (2m), if a court imposes a sentence or places a person on probation for any violation, or for the solicitation, conspiracy, or attempt to commit any violation, under ch. 940, 944, or 948, s. 942.08, 942.09, or 942.095, or ss. 943.01 to 943.15, the court may require the person to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the person report under s. 301.45.
973.048(1m)(b)(b) If a court under par. (a) orders a person to comply with the reporting requirements under s. 301.45 in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09 or 942.095 and the person was under the age of 21 when he or she committed the offense, the court may provide that the person be released from the requirement to comply with the reporting requirements under s. 301.45 upon successfully completing the sentence or probation imposed for the offense. A person successfully completes a sentence if he or she is not convicted of a subsequent offense during the term of the sentence. A person successfully completes probation if probation is not revoked and the person satisfies the conditions of probation.
973.048(2m)(2m) If a court imposes a sentence or places a person on probation for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.072, 948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.125, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim’s parent, the court shall require the person to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the person, that the person is not required to comply under s. 301.45 (1m).
973.048(3)(3) In determining under sub. (1m) (a) whether it would be in the interest of public protection to have the person report under s. 301.45, the court may consider any of the following:
973.048(3)(a)(a) The ages, at the time of the violation, of the person and the victim of the violation.
973.048(3)(c)(c) Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to the victim.
973.048(3)(d)(d) Whether the victim suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.
973.048(4)(4) If the court orders a person to comply with the reporting requirements under s. 301.45, the court may order the person to continue to comply with the reporting requirements until his or her death.
973.048(5)(5) If the court orders a person to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the conviction on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the conviction has been reversed, set aside or vacated.
973.048 HistoryHistory: 1995 a. 440; 1997 a. 130; 1999 a. 89; 2001 a. 109; 2003 a. 50; 2005 a. 277; 2007 a. 116; 2009 a. 137; 2023 a. 224; 2025 a. 48, 88; s. 35.17 correction in (1m) (a).
973.048 AnnotationSex-offender registration as a condition of bail-jumping probation was not authorized by s. 973.09 (1) (a). Bail jumping is not one of the offenses enumerated in the sex-offender registration statutes, this section or s. 301.45, that permit or require registration, and read-in, but dismissed, sexual assault charges do not bring a case within this section. State v. Martel, 2003 WI 70, 262 Wis. 2d 483, 664 N.W.2d 69, 02-1599.
973.048 AnnotationSub. (1m) authorizes the circuit court to require that a person convicted of specified crimes, including crimes enumerated in ch. 940, register as a sex offender if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and if registration would be in the interest of public protection. Under Martel, 2003 WI 70, a read-in offense, including sexual assault, may not serve as a basis to order a defendant to register as a sex offender. State v. Jackson, 2012 WI App 76, 343 Wis. 2d 602, 819 N.W.2d 288, 10-2689.
973.048 AnnotationSub. (2m) requires a circuit court to order a defendant to register as a sex offender each time the defendant is being sentenced or placed on probation for a crime listed therein—regardless of whether that sentence is imposed after revocation of probation—unless the court determines, as of that time, that the defendant qualifies for the underage sexual activity exception in s. 301.45 (1m). State v. Young, 2024 WI App 65, 414 Wis. 2d 197, 14 N.W.3d 655, 21-1596.
Notes of Decisions
Cited in 15
cases (5 in the last 5 years), 2003–2024 · leading case: State v. Martel, 2003 WI 70 (Wis. 2003).
State v. Martel, 2003 WI 70 (Wis. 2003). “We conclude that Wis. Stat. § 973.048 limits the circuit court's discretion to order sex-offender registration to those persons who are sentenced or placed *486 on probation for an offense enumerated in the statute.”
State v. Smith, 2010 WI 16 (Wis. 2010). “" [18] See Wis. Stat. § 973.048 (1m). Notably, no such language is present in the Wis.”
State v. Jackson, 2012 WI App 76 (Wis. Ct. App. 2012). “Jackson appeals a second-amended judgment and an order of the circuit court requiring Jackson to comply with the sex-offender reporting requirements, pursuant to Wis. Stat. § 973.048 (lm) (2003-04). 1 Section 973.”
State v. George E. Savage, 2020 WI 93 (Wis. 2020). “Additionally, the circuit court ordered Savage to register as a sex offender for ten years, pursuant to Wis. Stat. § 973.048 (2017-18).4 While on the sex offender registry, Savage was required to comply with the reporting requirements under Wis.”
Doe v. Raemisch, 895 F. Supp. 2d 897 (E.D. Wis. 2012). “Wis. Stat. § 973.048 (lm)(a) establishes a judge’s authority to order that an offender be subjected to sex offender registration even when the offender did not commit any of *911 the sex offenses that the legislature enumerated as requiring sex offender registration.”
Virsnieks v. Smith, 521 F.3d 707 (7th Cir. 2008). “Wis. Stat. § 973.048 (lm). This provision gives trial courts the discretion to order defendants convicted of burglary to register if “the court determines that the underlying conduct was sexually motivated .”
State v. Kayden R. Young (Wis. Ct. App. 2024). “§ 973.048 [n]or § 301.45 contains any language supporting an argument that an underage sexual activity exception previously granted is ‘reset’ and ‘revoked’ if a defendant returns to court for sentencing after revocation of probation.”
State v. Genevieve S. Thornberry (Wis. Ct. App. 2019). “048(3),4 the court concluded it would be in the interest of public protection to require Thornberry to register, see § 973.048(1m)(a), and ordered that she register for fifteen years.”
State v. Gonzalez, 2010 WI App 104 (Wis. Ct. App. 2010). “948 (2005-06) ("Crimes Against Children") and because convictions require Wisconsin Sex Offender Registration, see Wis. Stat. §§ 973.048 (2m), 301.45 (2005-06), we are not convinced.”
Halcsik v. Knutson (E.D. Wis. 2022). “The plaintiff pointed out that Wisconsin has laws that authorize judges to decide whether a crime has a sexual motive—Wis. Stat. §973.048(2m), which requires a court sentencing someone for certain types of offenses involving minors to require the defendant to comply with the sex…”
State v. Thor L. Jepsen (Wis. Ct. App. 2020). “§ 973.048(4) (2017-18), the circuit court had discretion to order lifetime sex offender registration.”
State v. Melvin Y. Garcia-Perez (Wis. Ct. App. 2021). “In evaluating whether registration as a sex offender would be in the interest of public protection, the circuit court may consider the ages of and relationship between the defendant and the victim. The court may also consider whether the crime caused the victim bodily harm,…”
— Wis. Stat. § 973.048(1m) — 2 cases
State v. Jackson, 2012 WI App 76 (Wis. Ct. App. 2012). “Jackson appeals a second-amended judgment and an order of the circuit court requiring Jackson to comply with the sex-offender reporting requirements, pursuant to Wis. Stat. § 973.048 (lm) (2003-04). 1 Section 973.”
State v. Richard A. Bye (Wis. Ct. App. 2023).
— Wis. Stat. § 973.048(1m)(a) — 3 cases
State v. Genevieve S. Thornberry (Wis. Ct. App. 2019). “048(3),4 the court concluded it would be in the interest of public protection to require Thornberry to register, see § 973.048(1m)(a), and ordered that she register for fifteen years.”
State v. Kayden R. Young (Wis. Ct. App. 2024). “§ 973.048 [n]or § 301.45 contains any language supporting an argument that an underage sexual activity exception previously granted is ‘reset’ and ‘revoked’ if a defendant returns to court for sentencing after revocation of probation.”
State v. Robin Paul Bildeau (Wis. Ct. App. 2022).
— Wis. Stat. § 973.048(2m) — 3 cases
State v. Smith, 2010 WI 16 (Wis. 2010). “" [18] See Wis. Stat. § 973.048 (1m). Notably, no such language is present in the Wis.”
State v. Kayden R. Young (Wis. Ct. App. 2024). “§ 973.048 [n]or § 301.45 contains any language supporting an argument that an underage sexual activity exception previously granted is ‘reset’ and ‘revoked’ if a defendant returns to court for sentencing after revocation of probation.”
Halcsik v. Knutson (E.D. Wis. 2022). “The plaintiff pointed out that Wisconsin has laws that authorize judges to decide whether a crime has a sexual motive—Wis. Stat. §973.048(2m), which requires a court sentencing someone for certain types of offenses involving minors to require the defendant to comply with the sex…”
— Wis. Stat. § 973.048(3) — 1 case
State v. Genevieve S. Thornberry (Wis. Ct. App. 2019). “048(3),4 the court concluded it would be in the interest of public protection to require Thornberry to register, see § 973.048(1m)(a), and ordered that she register for fifteen years.”
— Wis. Stat. § 973.048(3)(a) — 2 cases
State v. Genevieve S. Thornberry (Wis. Ct. App. 2019). “048(3),4 the court concluded it would be in the interest of public protection to require Thornberry to register, see § 973.048(1m)(a), and ordered that she register for fifteen years.”
State v. Melvin Y. Garcia-Perez (Wis. Ct. App. 2021). “In evaluating whether registration as a sex offender would be in the interest of public protection, the circuit court may consider the ages of and relationship between the defendant and the victim. The court may also consider whether the crime caused the victim bodily harm,…”
— Wis. Stat. § 973.048(3)(f) — 1 case
State v. Genevieve S. Thornberry (Wis. Ct. App. 2019). “048(3),4 the court concluded it would be in the interest of public protection to require Thornberry to register, see § 973.048(1m)(a), and ordered that she register for fifteen years.”
— Wis. Stat. § 973.048(4) — 1 case
State v. Thor L. Jepsen (Wis. Ct. App. 2020). “§ 973.048(4) (2017-18), the circuit court had discretion to order lifetime sex offender registration.”
— Wis. Stat. § 973.048(lm) — 1 case
State v. Jackson, 2012 WI App 76 (Wis. Ct. App. 2012). “Jackson appeals a second-amended judgment and an order of the circuit court requiring Jackson to comply with the sex-offender reporting requirements, pursuant to Wis. Stat. § 973.048 (lm) (2003-04). 1 Section 973.”
— Wis. Stat. § 973.048(lm)(a) — 2 cases
State v. Jackson, 2012 WI App 76 (Wis. Ct. App. 2012). “Jackson appeals a second-amended judgment and an order of the circuit court requiring Jackson to comply with the sex-offender reporting requirements, pursuant to Wis. Stat. § 973.048 (lm) (2003-04). 1 Section 973.”
Doe v. Raemisch, 895 F. Supp. 2d 897 (E.D. Wis. 2012). “Wis. Stat. § 973.048 (lm)(a) establishes a judge’s authority to order that an offender be subjected to sex offender registration even when the offender did not commit any of *911 the sex offenses that the legislature enumerated as requiring sex offender registration.”
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