In What Instances Is A Sex Offender Not Required To Register In California

Updated Jan 5, 2022

Penal Code 290 PC – The crime of "failure to register as a sex offender" LEGAL Assay

Under Penal Code 290 PC, people in California convicted of sex crimes and sure other offenses must annals as sex offenders with local law enforcement. This registration must be renewed (a) every five years or (b) any time the person relocates to a new residence. Failure to register as a sex offender is itself a criminal offense.

Failure to register equally a sex offender in California is typically charged as a misdemeanor if the underlying sex crime was a misdemeanor, or a felony if the underlying sex activity criminal offense was a felony. A misdemeanor conviction carries upward to ane year in jail. A felony carries upwards to iii years in jail or prison.

A person is categorized as a sex offender if he or she gets bedevilled of one of the sex crimes listed in PC 290. Some of these include:

• sexual bombardment, under PC 243.4,
• indecent exposure, under PC 314, and
• rape, under PC 261.

PC 290 states that "every person…while residing in California, or while attention school or working in California…shall register with the chief of police of the city in which he or she is residing…"

Examples

• a one-time high schoolhouse teacher who was convicted of Penal Code 261.5 statutory rape, for having sex with a teenage student, moves to a new city and decides not to annals her new address with the government.
• a man who was convicted of California rape later a date rape incident in college stops registering annually because he wants to put that chapter of his life behind him.
• a old gang fellow member who was convicted of human trafficking under California Penal Code 236.i decides not to register after a move so that his new neighbors won't mistakenly retrieve he is a pedophile.

Defenses

Luckily, there are several legal defenses that a person can raise for violating sex offender registration rules. These include showing that:

• the defendant did not act willfully,
• the authorities lost the accused'due south registration, and
• the defendant did not know he had to register.

Note that if a person is convicted of an offense under Penal Code 290, this conviction will likely have:

• no negative immigration consequences (if applicative), but
• may have negative consequences on a person's gun rights.

Besides, annotation that a person convicted of this offense tin seek to take information technology expunged one time he successfully completes:

• probation (if imposed), or
• whatsoever jail time (if imposed).

Our California criminal defence force attorneys accost the following faqs in this article:

• 1. What is the law under Penal Code 290 PC?
  • 1.one. Residence
  • 1.ii. Cognition
  • i.3. Willfulness
  • one.four. When and for how long must a person register
• 2. Are at that place legal defenses to a charge of failure to register?
  • ii.i. No willful act
  • 2.ii. Government lost registration data
  • two.3. No knowledge
• 3. What are the penalties for violating PC 290?
• four. Are in that location immigration consequences?
• 5. Tin a person get the conviction expunged?
• 6. What is the effect on gun rights?
• 7. Are there laws related to the failure to register?
  • vii.one. Habitual sex offender law – PC 667.71
  • 7.2. Use of a firearm in the committee of a sex criminal offense – PC 12022.3
  • seven.3. Lewd acts with a minor child – PC 288

It is a California offense to violate the sex offender registration requirements.

1. What is the law nether Penal Code 290 PC?

Penal Code 290 PC is the California statute that makes information technology a crime for a sexual practice offender to willfully neglect to annals as one with the local authorities.^one

A person is a "sexual activity offender" if he gets bedevilled of 1 of the sex crimes listed in PC 290. (Examples include sexual assault, child molestation, child pornography, and other types of sexual abuse.)

A prosecutor must bear witness 4 things in gild to successfully convict a defendant under this public condom statute. These are that the accused:

1. was previously convicted of a California sex crime for which registration was required under Penal Code 290c PC,
2. resided in California,
3. knew he had a duty to annals every bit a sex offender, and
4. willfully failed to register or update his registration with the sheriff's function.ⁱⁱ

The purpose of section 290 is to clinch that persons convicted of sex activity crimes will be readily bachelor for police surveillance at all times. This is necessary because the California Legislature has found them likely to commit similar offenses in the hereafter.ⁱⁱⁱ

Note that questions often arise under this statute on:

1. the meaning of residence,
2. the knowledge chemical element,
3. the willfulness element, and
4. when and for how long a person must annals.

one.i. Residence

For purposes of PC 290, "residence" means one or more than addresses at which a person regularly resides. This includes a shelter or structure that can exist located past a street accost, including recreational and other vehicles.⁴

Note that registration is also required of transients under this statute. A "transient" ways a person who has no residence.⁵ While transients may not be able to provide authorities with an address to a residence, they have a duty to inform the police of their full general whereabouts.^six

1.2. Cognition

To exist convicted of failure to register as a sex offender, a defendant must have actual knowledge of the duty to register as a sexual activity offender.^seven

Notation that this requirement places duties on authorities. For example, in instances where an inmate is released on parole, he must exist informed of his duty to register by the official in charge of the place of confinement.⁸

Notation though that a accused cannot attempt to avoid this element by saying that he forgot about his duty to annals. This means forgetfulness is not a defense force to a charge nether Penal Lawmaking 290.⁹ As i California courtroom has stated:

"Although forgetfulness may temporarily or momentarily negate the immediate awareness that one must undertake a given action at a given fourth dimension, it does not change or affect the underlying noesis that such action is required."¹⁰

But annotation that the court has stated that mental weakness might be a defense force to a PC 290 charge.¹¹ This fact means that forgetfulness could be a valid defense in a situation where information technology has some type of medical basis (e.g., Alzheimer's or senility).

1.3. Willfulness

Someone commits an act "willfully" when he does it willingly or on purpose.

It is non necessary that the defendant intended to break the law.¹²

i.4. When and how long for registration

Note that one time a sex offender registers with local authorities, this registration has to exist renewed:

1. every year, inside five working days of the person's birthday, and
2. every fourth dimension the person moves to a new address.¹³

Transient sex activity offenders must register once every 30 days in improver to the almanac birthday registration.

Note that California Senate Bill (SB) 384 created a three-tier sex offender registry that sets along the menstruum of time for which a sex activity offender has to annals as such. Tier 3 offenders stand for those bedevilled of the well-nigh serious sexual activity offenses. According to SB 384:

• tier three offenders have to annals for life,
• tier two offenders must register for a minimum of twenty (20) years, and
• tier one offenders must register for a minimum of ten (10) years.

2. Are in that location legal defenses to a charge of failure to annals?

If a person is accused of violating registration laws, so he can claiming the allegation past raising a legal defense. Good criminal defense force lawyers may be able to go a charge reduced or even dismissed.

Three common defenses to PC 290 accusations are:

1. no willful act
2. authorities lost registration information, and/or
3. No noesis

2.1. No willful act

Recall that an accused is only guilty nether this code section if he willfully failed to register every bit a sex offender. This means information technology is always a legal defense for an accused to show that he did non act willingly or on purpose. For example, perchance an offender did not register because he was hospitalized for an illness.

2.2. Authorities lost registration information

Under this defence force, a convicted sex offender would contend that he sent all of his registration information into the police force, but law enforcement lost it. The force of the defence rests with whether or not the accused has show that he did in fact accept all steps required to be a registered sex offender.

ii.3. No cognition

Call up that nether PC 290 a prosecutor must prove that a accused knew of his duty to annals as a sex offender. Information technology is a strong defence force, therefore, for an defendant to prove that he had no noesis of a duty to register. For example, maybe a estimate or lawyer failed to clearly articulate this duty and the defendant did non understand his registration requirements.

A violation of PC 290 can consequence in a fine and/or jail time.

iii. What are the penalties for violating PC 290?

The penalties for failing to register as a sex offender depend on whether the original sexual practice offense the offender committed was a misdemeanor or a felony.

If convicted of a sex offense that is a misdemeanor, then failure to annals is besides a misdemeanor under state law.^xiv The possible penalties include:

• misdemeanor (or summary probation),
• imprisonment in the county jail for upward to one year, and/or
• a maximum fine of $1,000.¹⁵

If convicted of a sex activity crime that is a felony, or if prior convictions of violating PC 290, then failure to annals is a felony.¹⁶ The possible penalties include:

• felony (or formal) probation,
• imprisonment in state prison for xvi months, two years, or three years, and/or
• a maximum fine of $10,000.¹⁷

four. Are there immigration consequences if a person fails to annals as a sex offender?

A PC 290 conviction, on its own, will generally have no negative immigration consequences.

Note that under United States immigration constabulary, certain kinds of criminal convictions in California tin can atomic number 82 to a non-citizen beingness deported. Some convictions tin can too make an immigrant "inadmissible."

The major categories of "deportable crimes" or "inadmissible crimes" are:

• crimes of moral turpitude,
• aggravated felonies,
• controlled substances (drug) offenses,
• firearms offenses, and
• domestic violence crimes.^eighteen

A violation of PC 290 does non fall into one of these categories. However, note that if the defendant's underlying sex activity-related charge does, he may face negative immigration consequences.

v. Can a person get the confidence expunged?

A person bedevilled under PC 290 can try to get the offense expunged.

Under Penal Code 1203.four, an expungement releases an individual from virtually "all penalties and disabilities" arising out of the conviction.¹⁹

Ane particular benefit is that an expunged conviction does not demand to be disclosed to potential employers.

As a bones rule, PC 1203.4 authorizes an expungement for a misdemeanor or felony crime provided the applicant:

1. successfully completed probation (either felony probation or misdemeanor probation), and
2. is not currently:

• charged with a criminal criminal offence,
• on probation for a criminal offense, or
• serving a judgement for a criminal offense.^xx

This ways that in one case a defendant has successfully completed probation for violating PC 290 (and his underlying offense), or serving a jail term for the aforementioned, he may begin trying to get the crime expunged.

Note, though, that even if the offense is expunged, the person will still have to register as a sexual practice offender.

One may lose access to gun ownership and/or possession if convicted as a felon in California

6. What is the outcome on gun rights?

A confidence under Penal Code 290, on its own, may have an consequence on the convicted party'due south gun rights. It all depends on whether the criminal offence is charged equally a misdemeanor or a felony.

The post-obit people are mostly prohibited from acquiring or possessing a gun in California:

1. felons (that is, anyone convicted of any felony criminal offense in any jurisdiction),
2. persons who are fond to narcotics,
3. persons with two or more convictions nether Penal Lawmaking 417, California'due south law against brandishing a weapon,
4. persons bedevilled of certain misdemeanor offenses (such as corporal injury on a spouse, a violation of Penal Code 273.5),
5. persons who endure from mental disease, and
6. people under 18 (people nether 21 may non buy a gun).

Given the first category higher up, if an offender's PC 290 charge is a felony, then a conviction would mean he would take to surrender any gun ownership and possession rights.

seven. Are there laws related to the failure to register?

At that place are three laws related to the failure to register as a sexual practice offender. These are:

1. habitual sex offender law – PC 667.71,
2. employ of a firearm in the commission of a sex criminal offense – PC 12022.three, and
3. lewd acts with a minor child – PC 288.

seven.one. Habitual sex offender law – PC 667.71

California Penal Code 667.71 PC is the California statute criminalizing habitual sexual offenders.

Under this statute, a habitual sexual offender is whatever person that is bedevilled of a certain sex offense so is later convicted of the same sex crime or some other particular sexual crime.²¹

PC 667.71 applies to sexual practice crimes like:

• Rape, per Penal Lawmaking 261,
• Lewd acts with a minor child, per Penal Code 288, and
• Sodomy, per Penal Code 286.

A habitual sexual offender is guilty of a felony. The criminal offense is punishable by imprisonment in the land prison for 25 years to life.²² Probation is mostly prohibited.²³

vii.2. Employ of a firearm in the commission of a sexual practice crime – PC 12022.3

Penal Code 12022.three PC is the California statute that creates a firearm sentencing enhancement for anyone who uses or possesses a gun during the commission of a certain sex offense.²⁴

A "certain sexual practice offense" includes (but is not limited to):

1. rape, per PC 261,
2. spousal rape, per PC 262, and
3. sodomy, per PC 286.

If a defendant uses or possesses a gun during a sexual activity crime, and so in add-on and consecutive to his sentence for the underlying sex offense he faces:

• three, four, or ten years for using a gun or a mortiferous weapon²⁵, or
• ane, two, or five years for being armed with a firearm or a deadly weapon.²⁶

7.three. Lewd acts with a pocket-sized child – PC 288

Penal Code 288 PC is the California statute that makes it a law-breaking for a person to commit a "lewd act" with a minor kid.²⁷

A person commits a "lewd deed" when he either:

1. touches a child for sexual purposes, or
2. causes a child to touch him/herself or someone else for a sexual purpose.²⁸

The specific penalties for violating PC 288 will vary depending on:

1. the historic period of the child,
2. whether the lewd act was accomplished by force, violence, duress, or threats,
3. whether in that location was a pattern of lewd acts, and
4. in some cases, the age of the defendant.

Note, though, that penalties may very well include imprisonment in a county jail or the state prison for several years.

Contact our law firm for a free consultation and legal advice. Our constabulary office has sex crimes attorneys with decades of experience.

For like accusations in Nevada, please run across our article on NRS 179D.550 – "Failure to Annals" in Nevada.

For similar accusations in Colorado, delight meet our commodity on Colorado Law re "Failure to Register" (18-3-412.six & 18-three-412.5 C.R.S.).

Also see our related article on how long does a sex offender take to register?

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Legal References:

In What Instances Is A Sex Offender Not Required To Register In California,

Source: https://www.shouselaw.com/ca/defense/penal-code/290/

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