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April 16, 2013

According to California Penal Code section 290, you are required to register as a sex offender if you have committed certain sex crimes. Sex crimes that require you to register as a sex offender if convicted include, but are not limited to:

(1) Rape;
(2) Sexual battery;
(3) Lewd or lascivious act with a minor;
(4) Continuous sexual abuse of a minor;
(5) Possession of child pornography; and
(6) Indecent exposure.

If you fail to register as a sex offender, you can be charged with another offense and face additional penalties. An experienced criminal defense attorney can assist you in understanding the requirements of sex offender registration and how to possibly avoid having to register as a sex offender.

Failure to register as a sex offender (CPC 290.018)

In order to be convicted of failure to register as a sex offender, the prosecutor must not only prove that you have been convicted of one of the sex crimes listed in California Penal Code section 290, but also that:

(1) You currently live, work, or attend school in California;
(2) You knew you had a duty to register as a sex offender; and
(3) You willfully failed to register as a sex offender.

Sentencing for failure to register as a sex offender

If the prosecution can prove the above requirements, you face the possibility of imprisonment. According to California Penal Code section 290.018(a), if you are required to register as a sex offender based on a prior misdemeanor conviction and fail to register, you can be found guilty of another misdemeanor and face up to one year in county jail. Similarly, according to 290.018(b), if you are required to register as a sex offender based on a prior felony conviction and fail to register, you can be charged with another felony and face imprisonment in state prison for up to three years.

Defenses for failure to register as a sex offender

If you are charged with failing to register as a sex offender, you may have some defenses available to you. These defenses include that:

(1) You did not know you were required to register;
(2) You tried to register but your paperwork was not received; or
(3) You did in fact register as required by law.

Because these defenses may be difficult to prove, it is important that you contact an experienced criminal defense attorney to assist you.

Call Wallin & Klarich

If you or a loved one is facing charges for failing to register as a sex offender, it is important that you contact an experienced sex offender criminal defense attorney to help you defend your rights. The attorneys at Wallin & Klarich have over 30 years of experience defending clients facing sex crime charges, including clients who have been accused of failing to register as a sex offender. We know that registering as a sex offender can subject you to harsh social consequences and can have a negative impact on your life. The attorneys at Wallin & Klarich are knowledgeable about sex crime defenses and can assist you through the legal process by helping you present the best possible defense in your case.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks. Call Wallin & Klarich today at (877) 230-6839. We will get through this together.

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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 30 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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