If you are convicted of a sex crime in California, you will likely be required to register as a sex offender under California Penal Code Section 290. But what happens if you were convicted of a sex crime in another state and you want to move to California? Are you required to register as a sex offender?
Would the Crime Require Sex Offender Registration in California?
Under PC 290, several sex crimes require registration as part of your sentence, including:
- Sexual battery (PC 243.4)
- Rape (PC 261)
- Incest (PC 285)
- Sodomy (PC 286)
- Lewd or lascivious acts with a minor (PC 288)
- Possession of child pornography (PC 311)
In addition, Penal Code Section 290.006 requires registration for any offense if the court finds that the crime was committed for the purposes of sexual gratification. The court must state on the record its reasons for the findings, and the reasons why the defendant must register.
But what if you were convicted of a sex crime in another state?
If you were convicted of a crime in another state and you live or move to California, PC 290.005 requires an analysis to be conducted of your conviction to determine how the offense you committed compares to California law.
You may be required to register as a sex offender in California if your out-of-state conviction was for:
- Any crime that would be a registerable sex offense in California
- Any crime that the court found you committed for the purpose of sexual compulsion or gratification; or
- Any of the following offenses only if the elements of the conviction or proven or stipulated facts in the record of conviction contain all of the elements of a registerable offense in California described under PC 290:
- Indecent exposure (PC 314)
- Unlawful sexual intercourse (PC 261.5)
- Incest (PC 285)
- Sodomy with a consenting adult (PC 286)
- Oral copulation with a consenting adult (PC 288a)
- Pimping or pandering (PC 266)
You should seek the help of an experienced California sex crimes attorney who can conduct a detailed analysis of the elements of your case and the record of your conviction to determine if your out-of-state conviction requires sex offender registration in California.
Our skilled and knowledgeable attorneys at Wallin & Klarich can analyze your case and determine whether you may be eligible for post-conviction relief that may allow you not to have to register as a sex offender in California.
Speak to the Sex Crimes Attorneys at Wallin & Klarich Today
If you have been convicted of a sex crime in another state, you should contact an experienced sex crimes lawyer at Wallin & Klarich today to discuss how your conviction will impact you in California. Our skilled and knowledgeable sex crimes defense lawyers have been successfully representing clients in sex crimes matters for more than 35 years. We can help you determine if you are eligible for relief from sex offender registration.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, there is an experienced Wallin & Klarich sex crimes attorney available to help you no matter where you work or live.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.