Discretionary Sex Offender Registration – What Do I Need To Know?
In California, a person may be required to register as a sex offender pursuant to either mandatory or discretionary sex offender registration requirement. Most typical sex-related crimes that require mandatory sex offender registration include lewd or lascivious act upon a child, rape, sodomy, oral copulation with a minor under 14 years old, or sexual penetration. However, the court may also order a person to register if it finds that the person committed any offense as a result of sexual compulsion or for purposes of sexual gratification. This means that a person may have to register as a sex offender for any crime when it was committed for sexual purposes.
However, sex offender registration requirement may violate constitutional guarantees provided by equal protection. For example, the court found that the crime of unlawful sexual intercourse with a minor under Penal Code section 261.5 and oral copulation with a minor over 16 years old pursuant to 288a are equally situated for the purpose of the equal protection analysis. As such, mandatory sex registration pursuant to 288a is in violation of federal constitution because it does not require individuals convicted of 261.5 to mandatory register as sex offenders.
If you have been accused of a sex crime, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (877) 466-5245. We will be there when you call.