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State v. Lilleskov

April 08, 2003

STATE OF MINNESOTA, PLAINTIFF,
v.
TODD LAVERNE LILLESKOV, DEFENDANT (C3-02-1698), HENRY HICKS JR., DEFENDANT (C8-02-1700).



Scott County District Court File No. 2001-14512

Considered and decided by Lansing, Presiding Judge, Klaphake, Judge, and Stoneburner, Judge.

SYLLABUS BY THE COURT

The 1994 amendment to the predatory-offender-registration statute, Minn. Stat. §á243.166, a statute originally enacted with a clearly stated retroactive effect, applies to juveniles who committed qualifying offenses before the effective date of the amendment.

The opinion of the court was delivered by: Lansing, Judge

Certified question answered in the affirmative

OPINION

This certified question was issued in two prosecutions for violations of the predatory-offender-registration statute, Minn. Stat. § 243.166 (2000). The two cases were consolidated by the district court for the purposes of the certified question, which asks whether the statute applies to defendants Henry Hicks and Todd Lilleskov, who have juvenile adjudications for sex-related offenses that were entered before the statute was amended to cover juvenile sex offenders. We answer the certified question in the affirmative.

FACTS

Defendant Todd Lilleskov, who was born August 18, 1978, was adjudicated delinquent on May 2, 1994, for having committed third-degree criminal sexual conduct. Lilleskov was notified by his probation officer of the requirement to register as a sex offender and, on October 4, 1994, he completed the initial registration. As part of the registration, Lilleskov reported his current address. In the years 1997, 1998, 1999, and 2000, the BCA registration unit mailed verification letters to Lilleskov at his last-reported address. Lilleskov allegedly did not respond to any of these letters.

In January 2001, police checking at Lilleskov's last-reported Shakopee address learned that he had not lived there for years, possibly as long as six years. Lilleskov was then charged with two counts of violating the predatory-offender-registration law: (1) failing to provide written notice of a change of address; and (2) failing to return the annual verification letters.

Defendant Henry Hicks, who was born December 5, 1979, was adjudicated delinquent on January 20, 1994, for fourth-degree criminal sexual conduct. Hicks was also notified by his probation officer of the registration requirement, and he completed the initial registration on December 29, 1994. As part of the registration, he furnished the BCA with his current address. In January 2001, Hicks notified the BCA of a change of address. But in December of that year, Hicks allegedly failed to respond to an address-verification letter. When police investigated in February 2002, they discovered that Hicks allegedly had not lived at the address "for some time" and was believed to have moved out of state. Hicks was charged with one count of violating the predatory-offender-registration statute by failing to notify the BCA of his new address.

Both Lilleskov and Hicks filed motions to dismiss, arguing that the predatory-offender-registration statute did not apply to them. The district court denied Lilleskov's motion. Another judge of the district court granted Hicks's motion to dismiss, but certified the question to this court, consolidating the case with that of Lilleskov, whose case was apparently before that judge for calendaring.

ISSUE

Does the predatory-offender-registration statute, as amended in 1994, apply to juvenile offenders adjudicated delinquent for a qualifying offense ...


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