Predatory Offender Registration Not Required Upon Conviction of Use of Electronics to Engage in Communication With a Child Describing Sexual Conduct

State v. Ulrich, Minn.Ct.App., 4/8/2013.  Mr. Ulrich pled guilty to use of electronics to engage “in communication with a child … describing sexual conduct” under Minn.Stat. 6093.52, subd. 2a(2).  That’s the sum total of the “facts” given by the court of appeals.  At sentencing, the trial court ordered that Mr. Ulrich register under the predatory offender statute, over his objection that the registration statute did not apply to this offense.

The court of appeals agrees with him.  The registration statute requires registration for someone charged with and convicted of “soliciting a minor to engage in sexual conduct in violation of section 609.352.  There’s nothing in the language of 609.352 about “soliciting.”  So, the registration statute does not apply.