Can Failing to Register Be a Strike under California Three Strikes Law?

Under California Penal Code Section 290, those convicted of certain sex-related or violent crimes must register as a sex offender for the rest of their lives. Megan’s Law, also known as the California Sex Offender Registration Act, is specific as to when you need to renew your registration. If you fail to renew your registration, or if you fail to register, you could be charged with a new crime under California Penal Code Section 290(b).

Failing to Register as a Sex Offender (California Penal Code Section 290)

Failing to register as a sex offender could be charged as a misdemeanor or a felony. Generally, if you fail to register and your original conviction that was punished by lifetime registration was a misdemeanor, you will likely be charged with a misdemeanor for failing to register.

If you fail to register a second time, you could be charged with a felony crime. Additionally, if the original conviction which required lifetime registration was a felony, failing to register will likely be a felony.

Failing to register is a continuing crime, which means you could be charged with a separate crime for each time you fail to register.

Consequences of Failing to Register (PC 290)

If you are required to register as a sex offender under PC 290, you must renew your registration:

• Every year within five days of your birthday
• Every time you change your address

If you fail to renew your registration on your birthday or when you move, you could be charged with violating PC 290.

The punishment for a misdemeanor conviction of failing to register is up to 364 days in county jail and a fine of $1,000. If you are convicted of a felony for failing to register, you could face up to three years in prison and a fine of up to $10,000.

When is Failing to Register a Strike? (PC 667)

Depending on the circumstances of your case, failing to register can be a strike under California Three Strikes Law. Under PC 667, a serious or violent felony will count as a strike on your criminal record. If you are convicted of three crimes that count as a strike, you could be sentenced to 25 years to life in prison.

Failing to register as a sex offender could count as a strike on your record if the crime you were originally convicted of was a strike offense. For instance, if you were convicted of rape, you will likely be required to register as sex offender for life and will be given a strike on your criminal record. If you later fail to register, this can be another strike on your record.

Facing Charges of Failing to Register? Call Wallin & Klarich Today

If you are facing charges for failing to register as a sex offender, you need to contact a criminal defense attorney at Wallin & Klarich immediately. Our skilled and knowledgeable attorneys have been successfully defending our clients accused of violating PC 290 for over 30 years. We can review the facts of your case and provide you with the best defense to the charges you are facing. We may also be able to help you end your requirement to register as a sex offender.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5425 for a free phone consultation. We will be there when you call.