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California Sex Offender Registration Requirements

Posted in Criminal Defense,Sex Crimes on March 26, 2019

The state of California takes sex offender registration very seriously. California’s Megan’s Law requires all authorities to notify the public of sex offenders in their area. The conviction can have a lasting impact on your life, since you must place your name on a public record if a court finds you guilty of certain sex crimes. If you need help combating a sex crime charge, contact a Riverside sex crimes defense attorney to build an effective case.

The California Penal Code and Sex Offenders

California’s Penal Code 290, also known as Megan’s Law, states that any person convicted of certain sex crimes must register as a sex offender. You must renew your registration every year within five days of your birthday or whenever you move. The primary objective of registering is for law enforcement to keep up to date on your whereabouts and for your neighbors to stay informed of sex offenders in their area. Law enforcement officers post the information of sex offenders on the Megan’s Law website.

California Sex offender Laws

What Crimes Require Sex Offender Registration?

Not all sex crimes in California require sex offender registrations, and some require shorter registration periods than others. In addition, not all sex offenders are on the Megan’s Law website. California divides registration requirements into three tiers, based on the severity of the crime, each with different penalties.

Tier 1 sex offenders

must register for 10 years if an adult or 5 years if a minor. After the 10-year requirement, offenders can petition for removal from the registry. You receive a Tier 1 designation if you received a misdemeanor charge or if you received certain non-violent felony charges. These crimes can include indecent exposure, misdemeanor sexual battery, misdemeanor child pornography, and misdemeanor oral copulation. Unless the offender poses a threat to the public, Tier 1 offenders are not on the Megan’s Law website.

The following are Tier I sex offenses in California:

  • Penal Code 243.4 PC sexual battery as a misdemeanor offender
  • Penal Code 243.4 sexual battery as a felony if the victim is institutionalized for medical treatment and who is seriously disabled or medically incapacitated, and if the touching is against the will of the person touched, and if the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse
  • Penal Code 266 enticing a child into a house of prostitution
  • Penal Code 266c inducing sex by fraud
  • Penal Code 286 PC sodomy as a misdemeanor (with or without a minor)
  • Penal Code 286 sodomy in some felony cases where there is no force (with or without a minor)
  • Penal Code 288a PC oral copulation as a misdemeanor (with or without a minor)
  • Penal Code 288a oral copulation in some felony cases where there is no force (with or without a minor)
  • Penal Code 288.4 PC arranging to meet with a minor for lewd purposes as a misdemeanor
  • Penal Code 289 PC acts of penetration with a foreign object as a misdemeanor and in some felony cases; specifically, subsections c, f, g, h i of Penal Code 289
  • Penal Code 311.1 and 311.11 child pornography as a misdemeanor
  • Penal Code 314 PC indecent exposure
  • Penal Code 647.6 PC annoying a child as a first offense

Tier 2 sex offenders

must register for 20 years if an adult or 10 if a minor. You can petition for removal from the registry after the 20-year minimum registration period. Tier 2 crimes include felonies that are not applicable to Tier 1 or Tier 3. Examples of Tier 2 charges include incest, sexual acts with those unable to consent, oral copulation, or penetration with a foreign object. Tier 2 offenders are on the Megan’s Law website.

The following are Tier II sex offenses in California:

  • Penal Code 285 PC incest
  • Penal Code 261 PC rape when the victim is at least 18 and is incapable of giving consent due to a mental disorder or developmental or physical disability
  • Penal Code 286 sodomy when the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent
  • Penal Code 286 sodomy with a minor under 14 years of age and more than 10 years younger than the defendant (and there is no force)
  • Penal Code 288 PC lewd acts with a minor under 14
  • Penal Code 288a oral copulation when the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent
  • Penal Code 288a oral copulation with a minor under 14 years of age and more than 10 years younger than the defendant (and there is no force)
  • Penal Code 288.3 contacting a minor with intent to commit a felony when committed with the intent to commit a violation of subdivision (b) of Penal Code 286, subdivision (b) of Penal Code 288a, or subdivision (h) or (i) of Penal Code 289
  • Penal Code 289 acts of penetration with a foreign object when the victim is incapable of giving consent due to a mental disorder or developmental or physical disability
  • Penal Code 289 acts of penetration with a foreign object when the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, or when the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent
  • Penal Code 647.6 annoying a child as second or subsequent offense

Tier 3 sex offenders

face the most severe registration requirements. All Tier 3 offenders must register as a sex offender for life and are not eligible for the petition for removal. You receive a Tier 3 requirement if you received a conviction for more serious sex offenses, such as many rape cases, pimping of a minor, and child pornography. Tier 3 offenders are on the Megan’s Law website.

The following are Tier III sex offenses in California:

  • Penal Code 187 PC murder committed during the commission or attempted commission of rape or another specified forced sexual act (Penal Code Sections 261, 286, 288, 288a, or 289)
  • Penal Code 207 and 209 PC kidnapping during the commission or attempted commission of rape or another specified forced sexual act (Penal Code Section 261, 286, 288, 288a, or 289)
  • Penal Code 220 assault with intent to commit a felony but not assault to commit mayhem
  • Penal Code 236.1 PC sex trafficking children when the defendant violates (b) or (c) of Penal Code 236.1
  • Penal Code 243.4 sexual battery as a felony (most cases)
  • Penal Code 261 PC rape (most cases)
  • Penal Code 262 spousal rape by force
  • Penal Code 264.1 aiding a rape or acts of penetration with a foreign object
  • Penal Codes 266h and 266i pimping and pandering with a minor when the defendant violates (b) of Penal Code Sections 266h or (b) of 266i)
  • Penal Code 266j giving or transporting a child under 16 for a lewd purpose
  • Penal Code 267 taking away a minor for purpose of prostitution
  • Penal Code 269 aggravated sexual assault of a child
  • lewd and lascivious conduct under Penal Code 272 contributing to the delinquency of a minor
  • Penal Code 286 sodomy when the defendant is acting in concert with another or when the victim cannot consent because of intoxication or being unconscious; specifically, when the defendant violates subdivision (d), (f), or (i) of Penal Code Section 286
  • Penal Code 286 sodomy by force (specifically paragraph (2) of subdivision (c) of 286)
  • Penal Code 288 lewd acts with a minor under 14, subsection (a) of Penal Code Section 288 (the defendant was convicted of two charges brought separately)
  • Penal Code 288 lewd acts with a minor under 14 by force, or the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, the defendant is a caretaker and the victim is a dependent
  • Penal Code 288a oral copulation by force (specifically paragraph (2) of subdivision (c) of Penal Code Section 288a)
  • Penal Code 288a oral copulation when the defendant is acting in concert with another or when the victim cannot consent because of intoxication or being unconscious; specifically, when the defendant violates subdivision (d), (f), or (i) of Penal Code Section 288a)
  • Penal Code 288.2 sending harmful material to seduce a minor
  • Penal Code 288.3 contacting a minor with intent to commit a felony unless committed with the intent to commit a violation of subdivision (b) of Penal Code Section 286, subdivision (b) of Penal Code Section 288a, or subdivision (h) or (i) of 289.
  • Penal Code 288.4 arranging to meet with a minor for lewd purposes as a felony
  • Penal Code 288.5 continuous sexual assault of a child
  • Penal Code 288.7 sex acts against a child 10 or younger
  • Penal Code 289 acts of penetration with a foreign object by force or duress, or when the victim is under 14 and more than 10 years younger than the defendant, or the victim is too intoxicated to consent, or the victim is unconscious
  • The person’s risk level on the static risk assessment instrument for sex offenders (discussed on this page) pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument
  • Child pornography (specifically, people convicted of a felony violation of Penal Code Sections 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Penal Code Section 311.2, or Penal Code Sections 311.3, 311.4, or 311.10)
  • Penal Code 653f soliciting someone to commit a sex crime
  • The defendant was convicted to life pursuant to California Penal Code 667.61
  • The defendant was convicted to 15 to 25 years to life pursuant to California Penal Code 667.61
  • The defendant is a habitual sex offender pursuant to California Penal Code 667.71

What information is shown online?

When a person is required to register with the California sex offender registry, there is an abundance of information they must provide to law enforcement authorities in their jurisdiction. While not all of the information provided to authorities is made public, much of it is. Below, we provide a list of information that jurisdictions must include the following information on their websites related to the sex offender:

  • Name: The name of the sex offender will be listed, including any aliases.
  • Photograph: A current photograph of the offender.
  • Physical description: A description of the offender will be listed.
  • Residential address. The address of the offender will be listed.
  • Current offense: This is the sex offense for which the offender is currently required to register. Also listed will be any other sex offense for which the sex offender has been convicted of.
  • Employer address: The address of any place where the sex offender is an employee.
  • School address. The address and name of any place the sex offender attends school.
  • Vehicle information: A description of the sex offender’s vehicles as well as the license plate numbers.

It is clear from this list that sex offenders are afforded very little privacy from the public. Anyone can look this information up on various websites, and they do not even need to know an offender’s name to do so. All a person needs to do is conduct a search in a geographic area.

Schedule a free consultation

The Law Offices of Graham Donath offers free consultations. If you have been accused of a sex crime, contact our offices in Riverside today.

What is risk assessment

You may have heard the phrase “sex offender risk assessment,” but not quite understood what it means. In California, a risk assessment is used to measure the risk that a sex offender poses of reoffending. This is the same method used by actuaries to determine rates for life insurance and car insurance.

When it comes to sex offenders in California, there are four risk assessment instruments that the state uses for assessing re-offense risk. The first is called Static-99R. This is used to assess male offenders before they are sentenced and prior to being released from prison. Static-99R is based on unchanging (static) risk factors that can predict the potential for reoffending for sex offenses. This includes the age at their release from custody on the particular sex offense, the number of certain types of prior convictions, as well as the characteristics of their victim.

Under Law, these static risk scores are shown on the Megan’s Law website. However, since this risk assessment was not used until 2006, many offenders convicted before that time have not been scored using Static-99R. It is also important to note that offenders who are offense-free for 10 years after release from custody may not be eligible for a Static-99R score unless they commit another sex offense.

JSORRAT-II is used in California to assess juvenile sex offenders. This score was developed using actuary processes to bring greater accuracy to juvenile offender characteristics. This includes using information that can inform many decisions that need to be made, including placement, programming, supervision, and other resources that may be available for the offender. Under the law, juveniles are not shown on the Megan’s Law website. Their risk assessments are used only by law enforcement and treatment professionals.

The last two assessments used are STABLE-2007/ACUTE-2007. These are dynamic (changing) risk factors that are related to the risk of re-offense. This can include factors such as:

  • Changing relationship factors
  • Alcohol or drug use
  • Housing stability
  • Employment stability

STABLE and ACUTE scores are used by sex offender treatment professionals during parole or probation. These results are often used to inform officials about proper treatment and supervision terms and conditions.

What Happens If a Sex Offender Doesn’t Register?

If you must register as a sex offender in California and fail to do so, you could receive a conviction under California Penal Code 290 PC. Since Megan’s Law requires you to register whenever you move and every year on your birthday, you can face significant charges.

If your conviction was a misdemeanor, a failure to register will be a misdemeanor punishable by a prison sentence of up to one year. If your conviction was a felony or you have failed to register as a sex offender in the past, you could receive a felony for failure to register. You could receive a prison sentence of 16 months, two years, or three years.

You can fight a failure to register charge with the help of a California criminal defense attorney. You can state that you did not willfully fail to register, you attempted to register but something went wrong, or you received a false accusation. To combat this charge effectively, contact a Riverside defense attorney now.

Do I need an attorney?

Sex offenses in California are taken very seriously. If you or someone you care about is facing a charge that could lead to a sex offender registry requirement, you need to speak to an attorney as soon as possible. Please understand that prosecutors and law enforcement officials have extensive resources at their disposal to bring a case against you. Most individuals facing these charges do not have the experience or resources necessary to defend themselves properly. This can be detrimental, and a person charged with a sex crime could end up with severe sentences.

At the Law Offices of Graham Donath, APC, you can count on a skilled and experienced attorney to be by your side. We will get to work investigating your case immediately. Our goal is to get the charges against you reduced or dismissed altogether. When you need a sex crimes defense attorney, you can contact us for a consultation of your case by calling as soon as possible.