California is known nationally for the severe penalties and restrictions that it places on people convicted of sexual offenses. Under Penal Code 290, also known as the Sex Offender Registration Act, certain convicted sex offenders are required to register as such with local law enforcement.
Will I Have to Register if I am Convicted of an Offense?
Registration is not required for all offenses. Penal Code 290(a)(2) lists many of the offenses for which you will have to register if convicted. Some of the more common offenses include:
- Sexual battery – PC 243.4
- Most acts of rape – PC 261
- Lewd acts with a minor – PC 288
- Child pornography – PC 311
- Indecent exposure – PC 314
- Incest – PC 285
This list is not exhaustive. A Judge may also order you to register as a sex offender even if your offense is not specifically listed in PC 290 if your actions were sexually motivated.
Restrictions for Registered Sex Offenders in Pomona
In addition to the requirements imposed by the State of California, the City of Pomona also imposes a number of restrictions on registered sex offenders living and working in the city. Each registrant should receive a list of these requirements from the city attorney’s office or police department upon registering. You may wish to speak with an experienced defense attorney to ensure that your rights are fully protected.
“Sensitive Use Sites”
Pomona has designated certain places as “sensitive use sites” under City Code section 34-700. These sites typically involve locations where children would be present. Some of the more common “sensitive use sites” include:
- Arcade Facilities
- Child Care Centers
- Children’s Retail Stores
- Non-traditional and traditional schools
- Tutoring Centers
- Youth Centers
- Movie Theaters
This is not an exhaustive list. If you have questions about this list of “sensitive use sites,” it is important that you speak with a local experienced defense attorney.
Residency Restrictions: Where Can I Live?
The city code states that “it is unlawful for any sex offender to reside . . . within 2,640 feet of any sensitive use site.” In essence, Pomona has established a residency exclusion zone around the sensitive use sites identified above. Therefore, you must ensure that your residence is not within this exclusion zone.
In addition, the city excludes sex offenders from living in most dwellings already occupied by a registrant unless those people are related by blood, marriage or adoption. The Pomona city code provides exemptions from these rules for minors, people who are exercising their first amendment rights, and those residing at a prison or mental health facility.
Loitering Restrictions: How will Your Travel within the City be Impacted?
In addition to placing restrictions on residency for registrants, Pomona also makes it “unlawful for any sex offender to be physically present and delay, linger, or idle about within 300 feet of any sensitive use site.” However, this rule is not without exemptions. If your presence within this 300-feet zone is incidental and temporary to traveling OR you are reasonably unaware that you are within a restricted zone, then the restriction is not applicable. Minors accompanied by their legal guardians are also allowed to enter this zone. Other notable exemptions include:
- Exercising First Amendment rights protected by the U.S. Constitution;
- Traveling to/from place of employment for employment purposes; and
- Traveling to a medical facility, hospital or doctor’s office.
Call the Pomona Sex Crimes Attorneys at Wallin & Klarich Today
At Wallin & Klarich, our criminal defense attorneys have over 30 years of experience successfully representing clients accused of sex-related offenses. We understand the sensitive nature of a sex crime conviction, and we may be able to help you obtain exclusion from the Megan’s Law website or end your requirement to register as a sex offender.
Our offices are located in Orange County, Los Angeles, Torrance, Sherman Oaks, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina. Call us today at (877) 4-NO-JAIL or (877) 466-5245 or fill out our client information form online. We recognize this is a difficult time in your life, but we will get through this together.