California
“Sex Offender Registration” Laws: Penal Code 290 PC
Penal Code 290 requires mandatory sex offender registration for defendants convicted
of the sex offenses listed in Penal Code 290(c). A defendant may have to
register as a sex offender even for a crime that is not included in PC 290(c)
if it is determined the crime was sexually motivated. There are more than 100
registrable offenses. Registrable offenses can be misdemeanors or felonies.
What
kind of information is disclosed on the internet upon registering as a sex
offender (PC 290)?
The
Department of Justice requires different categories of registered sex offenders
(PC 290) to disclose certain information
on their website. Conviction of certain sex offenses requires more disclosure
than others. Information that may be disclosed includes name,
photograph, physical description including gender and race, date of birth,
criminal history, and ZIP Code or home address.
Information
about registered sex offenders in the “undisclosed category” may not be
disclosed on the Department of Justice website. These offenders must still
register with local law enforcement agencies, however their information is not
public.
How
does a defendant register as a sex offender?
A
defendant must appear in person to register with the police department of the
city in which he/she resides. Registration must be completed within five
working days after release from custody or on probation. A person also has five
working days to complete sex offender registration if he/she changes his
residence.
If
a defendant is currently homeless, he/she must still register as a sex offender
within five working days of release from custody. Rather than including his/her
address when registering, the defendant must register as a transient. The
defendant must then continue to register as a transient sex offender every
thirty days thereafter until he/she finds a residence.
All
registrants must update their registration annually, within five working days
of their birthday, according to Penal Code 290.012. Those sex offenders who are
deemed sexually violent predators must update their registration no less than
every 90 days, according to Penal Code 290.011.
Can
juveniles be forced to register as sex offenders?
Some
juveniles are required to register as sex offenders upon release from the
California Youth Authority. However, those registrants whose cases were heard
in juvenile court cannot have their information publicly disclosed.
What
happens if a person fails to register as a Sex Offender (Penal Code 290(b))?
There
are various penalties for failing to register as a sex offender under PC 290.
If the underlying conviction was a registrable misdemeanor sex offense, and
the person fails to register, the first violation will be a misdemeanor;
however any additional registration violations are considered felonies.
If
the underlying conviction is a registrable felony sex offense, and the person
willfully fails to register, the registration violation will be considered a
felony. Common crimes which require sex offender registration in California, include Pimping, Lewd Acts, Rape, Sexual Battery, Child Molestation, and more.
What
does the prosecutor have to prove to convict a person of Failure to Register as Sex Offender (PC 290(b))? Consequences for failure to register as a sex offender
To
prove the defendant is guilty of failure to register as a sex offender (PC
290(b)), the prosecutor must prove:
1.
The
defendant was previously convicted of a registrable sex offense (misdemeanor
or felony)
2.
The
defendant resided in California
3.
The
defendant actually knew he/she had a duty under Penal Code 290 to register as a
sex offender and that he/she had the duty to register within five working days
of release from custody or on probation
4.
The
defendant willfully failed to register as a sex offender within five working
days of release from custody or on probation, or upon relocation to another
residence OR willfully failed to annually update his registration as a sex
offender.
A
“residence” is defined as one or more addresses where someone usually resides,
such as a shelter or structure that can be located by a street address. A
residence may include, but is not limited to, a houses, apartment buildings,
motels, and homeless shelters.
Some registered sex offenders whose
registrable sex offenses are non-disclosable to the public may not have to
register for the rest of their lives. By receiving a Certificate of
Rehabilitation, which is a certified court document stating that a person is
sufficiently rehabilitated, some persons will be relieved of his/her duty to
register. To receive a Certificate of Rehabilitation, a court must determine
that the individual has exhibited good behavior and rehabilitation, and also
must not have been convicted of one of the crimes listed in PC 290.5(2). Upon
receiving this certificate, a person may not be denied a professional or
business license solely on the basis of the previous felony conviction.
Other
registered sex offenders (PC 290) who are not in the undisclosed category must
receive a governor’s pardon in order to be relieved of the duty to register as
a sex offender.
To
learn more about sex offender registration (PC 290), in California, contact a
California sex crimes criminal defense attorney today.
Criminal Defense attorney Christopher Dorado represents clients in the county of San
Bernardino, including the cities of Redlands, Victorville, Fontana, Rancho
Cucamonga, Rialto, Colton, Ontario, Yucaipa, and more. There is no charge for
initial consultations and our office offers 24/7 emergency service.
909.913.3138
