(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.