2023 Wisconsin Statutes & Annotations
Chapter 301 - Corrections.
301.47 - Sex offender name changes prohibited.
301.47 Sex offender name changes prohibited.
(1) In this section, “sex offender" means a person who is subject to s. 301.45 (1g) but does not include a person who, as a result of a proceeding under s. 301.45 (1m), is not required to comply with the reporting requirements of s. 301.45.
(2) A sex offender may not do any of the following before he or she is released, under s. 301.45 (5) or (5m), from the reporting requirements of s. 301.45:
(a) Change his or her name.
(b) Identify himself or herself by a name unless the name is one by which the person is identified with the department.
(3) Whoever intentionally violates sub. (2) is subject to the following penalties:
(a) Except as provided in par. (b), the person is guilty of a Class H felony.
(b) The person may be fined not more than $10,000 or imprisoned for not more than 9 months or both if all of the following apply:
1. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m) to comply with the reporting requirements under s. 301.45 based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.
2. The person was not convicted of another offense under this section before committing the present violation.
(4) The department shall make a reasonable attempt to notify each person required to comply with the reporting requirements under s. 301.45 of the prohibition in sub. (2), but neither the department's failure to make such an attempt nor the department's failure to notify a person of that prohibition is a defense to a prosecution under this section.
History: 2003 a. 52, 320.
The name change prohibition in sub. (2) (a) does not implicate the right to free speech by infringing expressive conduct. The 1st amendment right to free speech does not encompass the power to compel the state to facilitate a change of a legal name. Producing one's legal name is properly understood as conduct subject to government regulation, not speech. State v. C.G., 2022 WI 60, 403 Wis. 2d 229, 976 N.W.2d 318, 18-2205.
The common law right to use an alias is distinguishable from the common law rule that continuous and consistent use of an alias effectuates a legal name change. The plain text of sub. (2) abrogates the latter rule but not the former right. In other words, a registered sex offender can use an alias, but, even if the use of that alias would otherwise be sufficiently continuous and consistent to effectuate a legal name change if the offender was not a registered sex offender, by operation of law, the offender's legal name would remain unchanged. State v. C.G., 2022 WI 60, 403 Wis. 2d 229, 976 N.W.2d 318, 18-2205.
