January 31, 2017

Under California Penal Code Section 290, anyone convicted of certain sex crimes must register as a sex offender for the rest of his or her life. This is likely the most devastating consequence of a sex crime. Registered sex offenders have difficulty finding housing and obtaining employment. So, what crimes require sex offender registration?

Mandatory Registration as a Result of Conviction (PC 290)

According to California Penal Code Section 290(c), you will be required to register as a sex offender if you are convicted of the following crimes:

  • People accused for murder or assault with intent to commit rape or forced penetration may be charged for state prison sentence, heavy fines and registration as sex offenders under California Penal Code.
  • Lewd and lascivious behavior acts with a child minor (PC 288)which includes inappropriate touching and groping also results in a charge to register as sex offender.
  • Sodomy (PC 286) or
  • Oral copulation by force or without consent (PC 288) also requires the convict to register as a sex offender.
  • Under California Penal Code Section 243.4, Sexual Battery (PC 243.4) is defined as the criminal act of touching an intimate part of another person with intent to satisfy one’s sexual needs. A misdemeanor sexual battery charge results in up to 6 months jail time in county prison and a serious sexual battery charge may result in 2-4 years jail time in county prison along with heavy fine. Once proven that you touched an intimate part of the victim against their will for your sexual gratification, you may face jail time, fines and a requirement to register as a sex offender.
  • Incest (285)
  • Indecent exposure (PC 314)
  • Child pornography (PC 311)
  • Child trafficking (PC 236.1(b))
  • Child molestation (PC 647.6)
  • Rape (PC 261)

Helping a rapist commit the crime, once proven, may also result in registration as a sex offender. Sodomy, incest and exposure of your private parts in public places may also lead to the charge to register as a sex offender in California.

There are a number of crimes involving minors which can easily render the accused eligible to register for a sex offense. Lewd or lascivious acts with a minor, oral copulation or anal penetration with a child less than ten years of age, involvement in child trafficking, possession of child pornography, sexual assault of child under 14 years of age, showing indecent material (pictures, videos etc.) to a minor and molesting or annoying a minor require the convict to register as a sex offender.

All of the casesIf you are convicted of any of the crimes mentioned above, make the convict subject to lifetime you will be required to register as a sex offender for the rest of your life.registration as a sex offender. Sex offender registration is also required for different forms of each crime listed above.

Discretionary Registration as a Result of Court Order

You don’t have to be convicted of one of the crimes listed above in order to be required to register as a sex offender. California law gives judges the discretion to require you to register as a sex offender regardless of the crime you are convicted of. Does that mean that you could be required to register as a sex offender if you commit any type of crime? That’s not necessarily true.

Under California Penal Code 290.006, you may be subject a judge could sentence you to register as a sex offender for the rest of your life if it is proven that you committed a crime (even a non-sex crime) with the intent of to sexually satisfy action or arouse yourself. However, this law opposes the Equal Protection right under US Constitution which allows a person or a class of people to enjoy the same rights as other people or classes of people in like circumstances. This issue rises in certain types of cases but under California Law, one has to register as a sex offender on the order of the court even if the situation violates the Equal Protection right.

What exactly does that mean?

The best example of this is the crime of kidnapping. In order to convict you of the crime of kidnapping under PC 207, your crime does not have to involve any type of sexual conduct. If your crime did not involve any sexual conduct, you will not likely be subject to sex offender registration. However, if you committed the act of kidnapping with the intent to commit sex acts with the victim, the judge could order you to register as a sex offender in addition to the penalties for kidnapping.

Under California Law, convicts are required to re-register annually and if the registrant has just moved to California from another state, they are required to re-register according to California Law even if the visit is short-term.

Contact an Experienced Sex Crimes Attorney Today

Sex offender registration may If you are required to register as a sex offender, it will affect the registrant’s your personal, social and work life in many ways. You will likely find it difficult to maintain employment and find suitable housing, and the negative stigma of your conviction could follow you for the rest of your life.

If one is charged for a sex crime, they That is why you should immediately contact an attorney with expertise in this field area of law if you are accused of a sex crime. A sex offender registration, sometimes, also restricts the convict/accused to reside in certain areas or to communicate with minors. It is highly advisable to keep in touch with the attorney so that the basic rights of the accused citizen are secured.If you have already been convicted of a crime and are required to register as a sex offender, you should contact an attorney to discuss if you are eligible to end your requirement to register.


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Author:Stephen D. Klarich

Stephen D. Klarich is one of the most highly respected sex crime attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Klarich a premiere Southern California attorney. Mr. Klarich founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Klarich has been successfully representing clients for more than 38 years. Clients come to him for help in matters involving sex offenses, murder, violent crimes, misdemeanors, felonies and other sex crimes. View all posts by Stephen D. Klarich.

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