March 5, 2019

If you are convicted of a sex crime in California, you may have thought that you would have to register as a sex offender for the rest of your life. However, this will change on January 1, 2021. That is because Senate Bill 384, which was approved by then-governor Jerry Brown, will bring major changes to the sex offender registration system.

Under the new tiered sex offender registry, some sex crimes will require registration for 10 years, some will require registration for 20 years, and some will require lifetime registration. Beginning July 1, 2021, those who have fulfilled their 10- or 20-year registration requirement may petition the court to remove themselves from the sex offender registry.

What has not been clear thus far has been which tier each sex crime will fall under. Below, find a list of offenses for each tier under the new sex offender registry. It can be very complicated to figure out which tier your offense falls into. You should consult with our experienced sex crime defense lawyers at Wallin & Klarich so we can help you determine what tier your offense falls under or help you file the proper petition with the court so you can end your requirement to register as a sex offender.

The Tiered Sex Offender Registration System

The three-tiered registration system classifies offenses by severity. Tier one, which requires registration for a minimum of 10 years, consists of those who are convicted of misdemeanor sex offenses or some non-violent sex offenses. Tier two, which requires registration as a sex offender for a minimum of 20 years, contains those who are convicted of mid-level sex offenses. Tier three requires lifetime registration as a sex offender and consists of the most serious sex offenses, including rape, sex trafficking of minors, sex crimes against children 10 and younger, and repeated sex crimes.

In order to fulfill your duty to register as a sex offender, you must personally go to the local law enforcement agency in the area where you live within the five business days of:

Being sentenced, if no jail or prison time was imposed as part of your sentence

Your release from custody if you were sentenced to jail or prison time, or

Your discharge from a mental institution or hospital

Sex Offender Registry Tier 1 (10-Year Registration)

Tier one level crimes include:

  • Penal Code 243.4 – sexual battery as a misdemeanor
  • Penal Code 243.4 – sexual battery as a felony if the victim is institutionalized for medical treatment and who is seriously disabled or medically incapacitated, and if the touching is against the will of the person touched, and if the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse
  • Penal Code 266 – enticing a child into a house of prostitution
  • Penal code 266c – inducing sex by fraud
  • Penal Code 286 – sodomy as a misdemeanor (with or without a minor)
  • Penal Code 286 – sodomy in some felony cases where there is no force (with or without a minor)
  • Penal Code 288a – oral copulation as a misdemeanor (with or without a minor)
  • Penal Code 288a – oral copulation in some felony cases where there is no force (with or without a minor)
  • Penal Code 288.4 – arranging to meet with a minor for lewd purposes as a misdemeanor
  • Penal Code 289 – acts of penetration with a foreign object as a misdemeanor and in some felony cases (specifically, subsections c, f, g, h i of Penal Code 289)
  • Penal Code 311.1 and 311.11 – child pornography as a misdemeanor
  • Penal Code 314 – indecent exposure
  • Penal Code 647.6 – annoying a child as a first offense

Sex Offender Registry Tier 2 (20-Year Registration)

  • Tier two level crimes include:
  • Penal Code 285 – incest
  • Penal Code 261 – rape when the victim is at least 18 and is incapable of giving consent due to a mental disorder or developmental or physical disability
  • Penal Code 286 – sodomy when the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent
  • Penal Code 286 – sodomy with a minor under 14 years of age and more than 10 years younger than the defendant (and there is no force)
  • Penal Code 288 – lewd acts with a minor under 14
  • Penal Code 288a – oral copulation when the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent
  • Penal Code 288a – oral copulation with a minor under 14 years of age and more than 10 years younger than the defendant (and there is no force)
  • Penal Code 288.3 – contacting a minor with intent to commit a felony when committed with the intent to commit a violation of subdivision (b) of Penal Code 286, subdivision (b) of Penal Code 288a, or subdivision (h) or (i) of Penal Code 289
  • Penal Code 289 – acts of penetration with a foreign object when the victim is incapable of giving consent due to a mental disorder or developmental of physical disability
  • Penal Code 289 – acts of penetration with a foreign object when the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, or when the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent
  • Penal Code 647.6 – annoying a child as a second or subsequent offense

Sex Offender Registry Tier 3 (Lifetime Registration)

Tier three level crimes include:

  • Penal Code 187 – murder committed during the commission or attempted commission of rape or another specified forced sexual act
  • Penal Code 207 and 209 – kidnapping during the commission or attempted commission of rape or another specified forced sexual act
  • Penal Code 220 – assault with intent to commit a felony, but not assault to commit mayhem
  • Penal Code 236.1 – sex trafficking children when the defendant violates (b) or (c) of Penal Code 236.1
  • Penal Code 243.4 – sexual battery as a felony under PC 243.4(a), 243.4(c) or 243.4(d)
  • Penal Code 261 – rape (most cases)
  • Penal Code 262 – spousal rape by force
  • Penal Code 264.1 – aiding a rape or acts of penetration with a foreign object
  • Penal Codes 266h and 266i – pimping and pandering with a minor when the defendant violates (b) of Penal Code Sections 266h or (b) of 266i
  • Penal Code 266j – giving or transporting a child under 16 for a lewd purpose
  • Penal Code 267 – taking away a minor for purpose of prostitution
  • Penal Code 269 – aggravated sexual assault of a child
  • Lewd and lascivious conduct under Penal Code 272 contributing to the delinquency of a minor
  • Penal Code 286 – sodomy when the defendant is acting in concert with another or when the victim cannot consent because of intoxication or being unconscious; specifically, when the defendant violates subdivision (d), (f), or (i) of Penal Code Section 286
  • Penal Code 286 – sodomy by force
  • Penal Code 288 – lewd acts with a minor under 14, subsection (a) of Penal Code 288
  • Penal Code 288 – lewd acts with a minor under 14 by force, or the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, the defendant is caretaker and the victim is a dependent
  • Penal Code 288a – oral copulation by force
  • Penal Code 288a – oral copulation when the defendant is acting in concert with another or when the victim cannot consent because of intoxication or BEING
  • Penal Code 288.2 – sending harmful material to seduce a minor
  • Penal Code 288.3 – contacting minor with intent to commit a felony unless committed with the intent to commit a violation of subdivision (b) of Penal Code Section 286, subdivision (b) of Penal Code 288a, or subdivision (h) or (i) of 289
  • Penal Code 288.4 – arranging to meet with a minor for lewd purposes as a felony
  • Penal Code 288.5 – continuous sexual assault of a child
  • Penal Code 288.7 – sex acts against a child 10 or younger
  • Penal Code 289 – acts of penetration with a foreign object by force or duress, when the victim is under 14 and more than 10 years younger than the defendant, or the victim is too intoxicated to consent, or the victim is unconscious
  • Anyone who is deemed to be an above average risk to the community at the time of release under the evidence-based State Authorized Risk Assessment Tools for Sex Offenders (SARATSO) pursuant to PC 290.04
  • Penal Code 311 – child pornography convicted as a felony violation
  • Penal Code 653f – soliciting someone to commit a sex crime
  • Anyone sentenced to life in prison pursuant PC 667.61
  • Anyone sentenced to 15 to 25 years to life pursuant to PC 667.61
  • Anyone who is considered a “habitual sex offender” pursuant to PC 667.71

Contact the Sex Crimes Defense Attorneys at Wallin & Klarich Today

Having to register as a sex offender could have a devastating impact on your life. That is why you should contact our skilled sex crimes defense attorneys at Wallin & Klarich if you or someone you love has been accused of a sex offense. Additionally, our law firm may be able to help you be removed from the registry by obtaining a Certificate of Rehabilitation or Governor’s Pardon. You need act now as this option may only be available to you through July 1, 2021.

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 defense attorney available to help you no matter where you work or live.

Contact our law firm today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation regarding your case. We will get through this together.

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