Denault v. State

Kapsner, Justice.

[¶ 1] The State appeals from a district court order granting Timothy Denault’s petition for declaratory relief and vacating his duty to register as a sexual offender in North Dakota. We conclude that the court abused its discretion in granting declaratory relief and that the Minnesota criminal offense to which Denault pled guilty is equivalent to a North Dakota offense for purposes of sexual offender registration under N.D.C.C. § 12.1-32-15(3)(b). We reverse.

I

[¶ 2] In 2000, Denault pled guilty in Clay County, Minnesota, to violating Minn. Stat. § 609.3461, for lewd…