Sex offender registration
Sex offender registration
Sex offender registration in some cases is discretionary, under old PC290(a)(2)(E), now PC290.006. A court can order registration in any case "if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification." The burden of proof for finding those facts is preponderance of the evidence. (People v. Marchand (2002) 98 Cal.App.4th 1056.) Sex offender registration is not a punishment and not subject to Apprendi. (People v. Picklesimer (2010) 48 Cal.4th 330.)
The ignominy of sex offender registration are manyfold and are not limited to the California Penal Code, but are scattered throughout many statutes and regulations. The ABA has produced a website listing the collateral consequences of convictions, including the many consequences of sex offender registration.
Tiered registration under SB384 (starting 01/01/21)
If case pleads out as a felony that would be Tier 3 lifetime, but if reduced to a misdemeanor after sentencing and grant of probation and would be Tier 1 as a misdemeanor, because of PC17(e), it remains a Tier 3 lifetime registration even if reduced. (People v. Manzoor (2023) 95 Cal.App.5th 548.)
| Tier One, 10+-years registration | ||
|---|---|---|
| Code | Crime | Notes |
| PC243.4(b) or (e) | Sexual battery | |
| PC261(a)(1), (5), or (7) | Rape | |
| PC266 | Enticement of female minor | |
| PC266c | Consent to sex by fraud or fear | |
| PC285 | Incest | |
| PC286(a), (b), or (c)(1) | Sodomy | |
| PC288.3 | Contacting minor to commit sexual offense | Committed with intent to commit PC286(b), PC287(b), former 288(a), 289(h), or 289(i) |
| PC288a(a), (b), or (c)(1) | Oral copulation on a minor | |
| PC311.1 | Distribution of obscene matter depicting minor | Only if a misdemeanor |
| PC311.2(c) | Distribution of matter depicting minor engaging in sex | Only if a misdemeanor |
| PC311.11 | Possession of child pornography | Only if a misdemeanor |
| PC314 | Indecent exposure | |
| PC647.6 | Child molestation | If a first conviction |
| PC290.006 | On finding of court on any offense committed as a result of sexual compulsion or for purposes of sexual gratification | |
| Tier Two, 20+-years registration | ||
| Code | Crime | Notes |
| PC261(a)(6) | Rape | |
| PC288(a) | Lewd act on a child | |
| PC647.6 | Child molestation | If a second or subsequent conviction |
| PC290.006 | On finding of court for any offense committed as a result of sexual compulsion or for purposes of sexual gratification | |
| Tier Three, lifetime registration | ||
| Code | Crime | Notes |
| PC187 | Murder committed in an attempt to perpetrate rape, PC286, PC288, PC288a, or PC289 | |
| PC207 | Kidnapping committed with intent to PC261, PC286, PC288, PC288a, or PC289 | |
| PC209 | Kidnapping for ransom committed with intent to PC261, PC286, PC288, PC288a, or PC289 | |
| PC220 | Assault with intent to commit sex offenses | Assault with intent to commit mayhem is excluded |
| PC236.1(b) or (c) | Human trafficking | Includes trafficking for extortion |
| PC243.4(a), (c), or (d) | Sexual battery | |
| PC261(a)(2),(3), or (4) | Rape | |
| PC262(a)(1) | Spousal rape | Must involve use of force or violence and sentence to state prison |
| PC264.1 | Aiding or abetting rape | |
| PC266h(b) | Pimping a minor | |
| PC266i(b) | Pandering with a minor | |
| PC266j | Procurement of child under 16 | |
| PC267 | Abduction of minor for prostitution | |
| PC269 | Aggravated sexual assault of a child | |
| PC272 | Contributing to delinquency of a minor | If it involves lewd or lascivious conduct |
| PC286(c)(2), (d), (f), or (i) | Sodomy | |
| PC288(b) or (c) | Lewd act on a child | |
| PC288a(c)(2), (d), (f), or (i) | Oral copulation on a minor | |
| PC288.2 | Sending harmful matter to minor | If a felony |
| PC288.3 | Contacting minor to commit sexual offense | Committed with intent to commit 207, 209, 261, 264.1, 273a, 286 (except b), 287 (except b), 288, 288.2, 289 (except h and i), 311.1, 311.2, 311.4 or 311.11 |
| PC288.4 | Arranging meeting with minor for lewd conduct | |
| PC288.5 | Continuous sexual abuse of a child | |
| PC288.7 | Sex with a child under 10 years of age | |
| PC289(a)(2), (d), (e), or (j) | Sexual penetration | |
| PC311.1 | Distribution of obscene matter depicting minor | Only if a felony |
| PC311.2(b), (c), or (d) | Distribution of matter depicting minor engaging in sex | Only if a felony |
| PC311.3 | Sexual exploitation of child | |
| PC311.4 | Use of minor in obscene matter | |
| PC311.10 | Advertising obscene matter depicting minor | |
| PC311.11 | Possession of child pornography | Only if a felony |
| Former PC647a | Child molestation | |
| PC653f(c) | Solicitation of commission of certain sex offenses | |
| PC182 | Conspiracy of any of the above | |
| PC664 | Attempt of any of the above | |
| PC290.006 | On finding of court on any offense committed as a result of sexual compulsion or for purposes of sexual gratification | |
| WIC6300 | Mentally disordered sex offender (MDSO) | |
| WIC6600 | Adjudication as a sexually violent predator (SVP) | |
Offenses requiring sex registration
The main list of sex registerable offenses is in PC290(c)
There were several offenses for which sex offender registration was not mandatory under People v. Hofsheier (2006) 37 Cal.4th 1185. Registration was discretionary. However, Johnson v. Department of Justice (2015) 60 Cal.4th 871 overruled Hofsheier. All of those are noted by strikeouts.
| Code | Crime | Notes |
|---|---|---|
| PC261(a)(7) | Rape | But qualifies one for SVP. As of 01/01/21, will be a registerable offense. |
| PC261.5 | Statutory rape | |
| PC262 | Spousal rape | If (a)(1), no use of force or violence and no sentence to state prison |
| PC266h(a) | Pimping | |
| PC266i(a) | Pandering | |
| PC272 | Contributing to delinquency of a minor | If it does not involve lewd or lascivious conduct |
| PC273g | Lewdness in presence of child | |
| PC281 | Bigamy | |
| PC286.5 | Bestiality | |
| PC288.2 | Sending harmful matter to minor | If a misdemeanor |
| PC311.2(a) | Distribution of obscene matter | |
| PC647(b) | Prostitution | |
| PC647(h),(i), or (j) | Peeping |
| Code | Crime | Notes |
|---|---|---|
| PC187 | Murder committed in an attempt to perpetrate rape, PC286, PC288, PC288a, or PC289 | |
| PC207 | Kidnapping committed with intent to PC261, PC286, PC288, PC288a, or PC289 | |
| PC209 | Kidnapping for ransom committed with intent to PC261, PC286, PC288, PC288a, or PC289 | |
| PC220 | Assault with intent to commit sex offenses | Assault with intent to commit mayhem is excluded |
| PC236.1(b) or (c) | Human trafficking | Includes trafficking for extortion |
| PC243.4 | Sexual battery | |
| PC261(a)(1),(2),(3),(4), or (6) | Rape | |
| PC262(a)(1) | Spousal rape | Must involve use of force or violence and sentence to state prison |
| PC264.1 | Aiding or abetting rape | |
| PC266 | Enticement of female minor | |
| PC266c | Consent to sex by fraud or fear | |
| PC266h(b) | Pimping a minor | |
| PC266i(b) | Pandering with a minor | |
| PC266j | Procurement of child under 16 | |
| PC267 | Abduction of minor for prostitution | |
| PC269 | Aggravated sexual assault of a child | |
| PC272 | Contributing to delinquency of a minor | If it involves lewd or lascivious conduct |
| PC285 | Incest | |
| PC286 | Sodomy | |
| PC288 | Lewd act on a child | |
| PC288a | Oral copulation on a minor | |
| PC288.2 | Sending harmful matter to minor | If a felony |
| PC288.3 | Contacting minor to commit sexual offense | |
| PC288.4 | Arranging meeting with minor for lewd conduct | |
| PC288.5 | Continuous sexual abuse of a child | |
| PC288.7 | Sex with a child under 10 years of age | |
| PC289 | Sexual penetration | |
| PC311.1 | Distribution of obscene matter depicting minor | |
| PC311.2(b), (c), or (d) | Distribution of matter depicting minor engaging in sex | |
| PC311.3 | Sexual exploitation of child | |
| PC311.4 | Use of minor in obscene matter | |
| PC311.10 | Advertising obscene matter depicting minor | |
| PC311.11 | Possession of child pornography | |
| PC314 | Indecent exposure | |
| PC647.6 | Child molestation | |
| Former PC647a | Child molestation | |
| PC653f(c) | Solicitation of commission of certain sex offenses | |
| PC182 | Conspiracy of any of the above | |
| PC664 | Attempt of any of the above | |
| PC290.006 | Any offense committed as a result of sexual compulsion or for purposes of sexual gratification | |
| WIC6300 | Mentally disordered sex offender (MDSO) | |
| WIC6600 | Adjudication as a sexually violent predator (SVP) |
Publication on Megan's Law website
With the passage of AB488 in 2004, many registered sex offenders have had their information published on the Internet. For all registered sex offenders on the website, the following information is published:
- Name
- Known aliases
- Photograph
- Physical description, including
- Gender
- Race
- Date of birth
- Criminal history
- The year of conviction of the most recent offense requiring sex offender registration, if year of release is available
- The year of release from incarceration for the most recent offense requiring sex offender registration
- Whether the registrant was subsequently incarcerated for any other felony
Location data is dependent on the offense. It can be categorized into the following three categories:
- PC290.46(b) Home Address Category
- Address
- n.b. STATIC-99 scores are also published.
- PC290.46(c) Conditional Home Address Category
- Community of residence and ZIP code
- Address, if convicted of another PC290(c) offense
- PC290.46(d) ZIP Code Category
- Community of residence and ZIP code
In addition, there are two more categories for registered sex offenders who may qualify for not being on the website.
- PC290.46(e) Excluded Category
- Offenses which require a registrant to be on the website, but a registrant may apply for exclusion from the website
- Must have a Low or Moderate-Low SARATSO score, which be a score of −3 to 3 on the STATIC-99.
- Undisclosed Category
- Offenses that require registration but are not published on Megan's Law website.
- n.b. Conspiracy of any offense, even though registration is required, is not published on the website
Despite a valiant try by Laura Arnold and Laura Sheppard, Doe v. Brown (2009) 177 Cal.App.4th 408, held that publication on the Megan's Law website is still required, even if one has had the charges dismissed under PC1203.4.
| 290.46(b) Home Address Category | ||
|---|---|---|
| Code | Crime | Notes |
| PC187 | Murder committed in an attempt to perpetrate rape, PC286, PC288, PC288a, or PC289 | |
| PC207 | Kidnapping committed with intent to PC261, PC286, PC288, PC288a, or PC289 | |
| PC209 | Kidnapping for ransom committed with intent to PC261, PC286, PC288, PC288a, or PC289 | |
| PC261(a)(2) or (6) | Rape by force or threat | |
| PC264.1 | Aiding or abetting rape | |
| PC269 | Aggravated sexual assault of a child | |
| PC286(c) or (d) | Sodomy | |
| PC288(a) or (b) | Lewd act on a child | |
| PC288(c) | Lewd act on a child | If a felony |
| PC288a(c) or (d) | Oral copulation on a minor | |
| PC288.3 | Contacting minor to commit sexual offense | If a felony |
| PC288.4 | Arranging meeting with minor for lewd conduct | If a felony |
| PC288.5 | Continuous sexual abuse of a child | |
| PC288.7 | Sex with a child under 10 years of age | |
| PC289(a) | Sexual penetration by force or fear | |
| PC289(j) | Sexual penetration on someone who is under 14 years old under and 10 or more years younger | |
| PC311.1 | Distribution of obscene matter depicting minor | If a felony |
| PC311.2(b),(c), or (d) | Obscene matter depicting minor | If a felony |
| PC311.3 | Sexual exploitation of a child | If a felony |
| PC311.4(a), (b), or (c) | Use of minor in making prohibited matter | If a felony |
| PC311.10 | Advertising child pornography | |
| PC311.11 | Possession of child pornography | If a felony |
| PC664 | Attempt of any of the above | |
| WIC6600 | Adjudication as a sexually violent predator (SVP) | |
| 290.46(c) Conditional Home Address Category | ||
| Code | Crime | Notes |
| PC220 | Assault with intent to commit sex offenses | Assault with intent to commit mayhem is excluded |
| PC261(a)(1),(3), or (4) | Rape of disabled, intoxicated, or unconscious person | |
| PC286(b)(2),(f),(g), or (i) | Sodomy | |
| PC288a(b)(2),(f),(g), or (i) | Oral copulation | |
| PC289(b) | Sexual penetration on a disabled person | |
| PC289(d) | Sexual penetration on an unconscious person | |
| PC289(e) | Sexual penetration on an intoxicated person | |
| PC289(i) | Sexual penetration by person 21 years or older on person under 16 years of age | |
| PC664 | Attempt of any of the above | |
| 290.46(d) ZIP Code Category | ||
| Code | Crime | Notes |
| PC243.4(a) | Sexual battery | If a felony |
| PC266 | Enticement of female minor | If a felony |
| PC266c | Consent to sex by fraud or fear | If a felony |
| PC266j | Procurement of child under 16 | |
| PC267 | Abduction of minor for prostitution | |
| PC288(c) | PC288(c) as a misdemeanor | |
| PC288.3 | Contacting minor to commit sexual offense | If a misdemeanor |
| PC288.4 | Arranging meeting with minor for lewd conduct | If a misdemeanor |
| PC626.81 | Registered sex offender on school grounds | |
| PC647.6 | Child molestation | |
| PC653c | Solicitation of commission of certain sex offenses | |
| PC664 | Attempt of any of the above | |
| 290.46(e) Excluded Category | ||
| Code | Crime | Notes |
| PC243.4(a) | Sexual battery | If a felony |
| PC647.6 | Child molestation | If a misdemeanor |
| PC311.1 | Distribution of obscene matter depicting minor | If a felony and if victim was 16 years or older |
| PC311.2(b), (c), or (d) | Distribution of matter depicting minor engaging in sex | If victim was 16 years or older |
| PC311.3 | Sexual exploitation of child | If victim was 16 years or older |
| PC311.4 | Use of minor in obscene matter | If victim was 16 years or older |
| PC311.10 | Advertising obscene matter depicting minor | If victim was 16 years or older |
| PC311.11 | Possession of child pornography | If victim was 16 years or older |
| On or completed probation, and registrant is victim's parent, stepparent, sibling, or grandparent, and offense did not involve oral copulation or penetration | ||
| Undisclosed category | ||
| Code | Crime | Notes |
| PC236.1(b) or (c) | Human trafficking | Includes trafficking for extortion |
| PC243.4(a) | Sexual battery | If a misdemeanor |
| PC243.4(b),(c),(d), or (e) | Sexual battery | |
| PC262(a)(1) | Spousal rape | Must involve use of force or violence and sentence to state prison |
| PC266 | Enticement of female minor | If a misdemeanor |
| PC266c | Consent to sex by fraud or fear | If a misdemeanor |
| PC272 | Contributing to delinquency of a minor | If it involves lewd or lascivious conduct |
| PC285 | Incest | |
| PC286(b)(1),(e),(h),(j), or (k) | Sodomy | |
| PC288(c) | Lewd act on a child | If a misdemeanor |
| PC288a(b)(1),(e),(h),(j), or(k) | Oral copulation | |
| PC288.2 | Sending harmful matter to minor | If a felony |
| PC289(c) | Sexual penetration on a disabled person while both parties are in mental hospital | |
| PC289(f) | Sexual penetration by fraudulent identity | |
| PC289(g) | Sexual penetration by threat of authority | |
| PC289(h) | Sexual penetration on a minor | |
| PC311.1 | Distribution of obscene matter depicting minor | If a misdemeanor |
| PC311.2(c) | Distribution to persons 18 years or older of any matter depicting minor engaging in sex | If a misdemeanor |
| PC311.3 | Sexual exploitation of a child | If a misdemeanor |
| PC311.4(a) | Use of minor to make prohibited matter | If a misdemeanor |
| PC311.11 | Possession of child pornography | If a misdemeanor |
| PC314 | Indecent exposure | |
| PC664 | Attempt of any of the above | |
| PC290.006 | Any offense committed as a result of sexual compulsion or for purposes of sexual gratification | |
| PC182 | Conspiracy | |
Relief from registration
Under PC290.5, registration is no longer required if one receives a Certificate of Rehabilitation. For misdemeanor sex offenses, a PC1203.4 is required before one can apply for a Certificate of Rehabilitation. However, because as explained later, the list of offenses from which one is actually eligible for relief from registration via Certificate of Rehabilitation is comparatively small. It is as follows:
| Code | Crime | Notes |
|---|---|---|
| PC187 | Murder committed in an attempt to perpetrate rape, PC286, PC288, PC288a, or PC289 | |
| PC220 | Assault with intent to commit mayhem only | |
| PC236.1(b) or (c) | Human trafficking | Includes trafficking for extortion |
| PC243.4 | Sexual battery | If a misdemeanor |
| PC262(a)(1) | Spousal rape | |
| PC266h(b) | Pimping a minor | |
| PC266i(b) | Pandering with a minor | |
| PC272 | Contributing to delinquency of a minor | If it involves lewd or lascivious conduct |
| PC285 | Incest | |
| PC286(e) | Sodomy while in custody | |
| PC288a(e) | Oral copulation while in custody | |
| PC288.2 | Sending harmful matter to minor | If a felony |
| PC288.3 | Contacting minor to commit sexual offense | |
| PC288.4 | Arranging meeting with minor for lewd conduct | |
| PC289(c) | Sexual penetration on a disabled person in a hospital | |
| PC311.1 | Distribution of obscene matter depicting minor | If prison imposed and executed |
| PC311.2(b), (c), or (d) | Distribution of matter depicting minor engaging in sex | If prison sentence imposed and executed |
| PC311.3 | Sexual exploitation of child | If prison sentence imposed and executed |
| PC311.4 | Use of minor in obscene matter | |
| PC311.10 | Advertising obscene matter depicting minor | |
| PC311.11 | Possession of child pornography | If prison sentence imposed and executed |
| PC314 | Indecent exposure | |
| Former PC647a | Child molestation | |
| PC653f(c) | Solicitation of commission of certain sex offenses | |
| PC182 | Conspiracy | |
| PC290.006 | Any offense committed as a result of sexual compulsion or for purposes of sexual gratification |
Because PC1203.4 relief is barred, a Certificate of Rehabilitation becomes legally impossible, so there is no relief from registration for the following offenses, other than possibly a governor's pardon:
| Code | Crime | Notes |
|---|---|---|
| PC311.1 | Distribution of obscene matter depicting minor | If a misdemeanor or if probation granted |
| PC311.2 | Distribution of matter depicting minor engaging in sex | If a misdemeanor or if probation granted |
| PC311.3 | Sexual exploitation of child | If a misdemeanor or if probation granted |
| PC311.11 | Possession of child pornography | If a misdemeanor or if probation granted |
Absurdly, one can still file for a Certificate of Rehabilitation and get relief from registration for the above offenses if one went to prison for them.
Relief from registration is barred by PC4582.01(c) for the following offenses. A governor's pardon may relieve one from registration, but by PC4852.01(d), it only shall be granted "if there are extraordinary circumstances."
| Code | Crime | Notes |
|---|---|---|
| PC269 | Aggravated sexual assault of a child | |
| PC286(c) | Sodomy | |
| PC288 | Lewd act on a child | |
| PC288a(c) | Oral copulation | |
| PC288.5 | Continuous sexual abuse of a child | |
| PC288.7 | Sex with a child under 10 years of age | Added by AB1438(2014) |
| PC289(j) | Sexual penetration on person under 14 years of age and younger by 10 years |
Relief from registration is not available, even if one gets a Certificate of Rehabilitation, for the following offenses, unless one gets a governor's pardon:
| Code | Crime | Notes |
|---|---|---|
| PC207 | Kidnapping committed with intent to commit PC261, PC286, PC288, PC288a, or PC289 | |
| PC209 | Kidnapping for ransom committed with intent to commit PC261, PC286, PC288, PC288a, or PC289 | |
| PC220 | Assault with intent to commit sex offenses | Assault with intent to commit mayhem is excluded |
| PC243.4 | Sexual battery | If a felony |
| PC261(a)(1),(2),(3),(4), or (6) | Rape | |
| PC264.1 | Aiding or abetting rape | |
| PC266 | Enticement of female minor | If a felony |
| PC266c | Consent to sex by fraud or fear | If a felony |
| PC266j | Procurement of child under 16 | |
| PC267 | Abduction of minor for prostitution | |
| PC269 | Aggravated sexual assault of a child | |
| PC286(b)(1) | Sodomy on person under 18 years of age | If a felony |
| PC286(b)(2),(c),(d),(f),(g),(i),(j), or (k) | Sodomy | |
| PC288 | Lewd act on a child | |
| PC288a(b)(1) | Oral copulation on person under 18 years of age | If a felony |
| PC288a(b)(2),(c),(d),(f),(g),(i),(j), or (k) | Oral copulation | |
| PC288.5 | Continuous sexual abuse of a child | |
| PC288.7 | Sex with a child under 10 years of age | |
| PC289(a),(b),(d),(e),(f),(g), or (h) | Sexual penetration | If a felony |
| PC289(i) or (j) | Sexual penetration of person under 16 years of age | |
| PC647.6 | Child molestation | But see PC290.5(b)(2) in regards to misdemeanor 647.6. |
| PC664 | Attempt of any of the above | |
| Foreign convictions equivalent to any of the above |
Statutes
Penal Code section 290 (from 11/07/12 to 12/31/2017)
(a) Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to “the Act” in those sections are to the Sex Offender Registration Act.
(b) Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act.
(c) The following persons shall be required to register:
Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.
Penal Code section 290 (from 01/01/18 to 12/31/2020)
(a) Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to “the Act” in those sections are to the Sex Offender Registration Act.
(b) Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act.
(c) The following persons shall register:
Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.
(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
Penal Code section 290 (from 01/01/21 onwards)
(a) Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to “the Act” in those sections are to the Sex Offender Registration Act.
(b) Every person described in subdivision (c), for the period specified in subdivision (d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(c) The following persons shall register:
Every person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision.
(d) A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:
- (1)
- (A) A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
- (B) This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3).
- (2) (A) A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h)of Section 286, subdivision (g) or (h) of Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately.
- (B) This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3).
- (3) A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies:
- (A) Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5.
- (B) The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
- (C) The person was convicted of violating any of the following:
- (i) Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 288, 288a, or 289.
- (ii) Section 207 or 209 with intent to violate Section 261, 286, 288, 288a, or 289.
- (iii) Section 220.
- (iv) Subdivision (b) of Section 266h.
- (v) Subdivision (b) of Section 266i.
- (vi) Section 266j.
- (vii) Section 267.
- (viii) Section 269.
- (ix) Subdivision (b) or (c) of Section 288.
- (x) Section 288.2.
- (xi) Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 288a, or subdivision (h) or (i) of Section 289.
- (xii) Section 288.4.
- (xiii) Section 288.5.
- (xiv) Section 288.7.
- (xv) Subdivision (c) of Section 653f.
- (xvi) Any offense for which the person is sentenced to a life term pursuant to Section 667.61.
- (D) The person’s risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
- (E) The person is a habitual sex offender pursuant to Section 667.71.
- (F) The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately.
- (G) The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61.
- (H) The person is required to register pursuant to Section 290.004.
- (I) The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1.
- (J) The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4.
- (K) The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264.
- (L) The person was convicted of violating paragraph (1) of subdivision (a) of Section 262.
- (M) The person was convicted of violating Section 264.1.
- (N) The person was convicted of any offense involving lewd or lascivious conduct under Section 272.
- (O) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 286.
- (P) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 288a.
- (Q) The person was convicted of violating paragraph (1) of subdivision (a) or subdivision (d), (e), or (j) of Section 289.
- (R) The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10.
- (4)
- (A) A person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c).
- (B) If the person’s duty to register pursuant to Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies:
- (i) The person’s risk level on the static risk assessment instrument (SARATSO), pursuant to Section 290.06, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
- (ii) The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5, or is substantially similar to Section 269 or 288.7.
- (iii) The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
- (5)
- (A) The Department of Justice may place a person described in subdivision (c), or who is otherwise required to register pursuant to the Act, in a tier-to-be-determined category if his or her appropriate tier designation described in this subdivision cannot be immediately ascertained. An individual placed in this tier-to-be-determined category shall continue to register in accordance with the Act. The individual shall be given credit for any period for which he or she registers towards his or her mandated minimum registration period.
- (B) The Department of Justice shall ascertain an individual’s appropriate tier designation as described in this subdivision within 24 months of his or her placement in the tier-to-be-determined category.
(e) The minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this act, and by three years for each felony conviction of failing to register under this act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that person’s release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.
(f) Nothing in this section shall be construed to require a ward of the juvenile court to register under the Act, except as provided in Section 290.008.
(g) This section shall become operative on January 1, 2021
Penal Code section 290.007
Any person required to register pursuant to any provision of the Act shall register in accordance with the Act, regardless of whether the person’s conviction has been dismissed pursuant to Section 1203.4, unless the person obtains a certificate of rehabilitation and is entitled to relief from registration pursuant to Section 290.5.
Penal Code section 290.5
(a)
- (1) A person required to register under Section 290 for an offense not listed in paragraph (2), upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, shall be relieved of any further duty to register under Section 290 if he or she is not in custody, on parole, or on probation.
- (2) A person required to register under Section 290, upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, shall not be relieved of the duty to register under Section 290, or of the duty to register under Section 290 for any offense subject to that section of which he or she is convicted in the future, if his or her conviction is for one of the following offenses:
- (A) Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289.
- (B) Section 220, except assault to commit mayhem.
- (C) Section 243.4, provided that the offense is a felony.
- (D) Paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261.
- (E) Section 264.1.
- (F) Section 266, provided that the offense is a felony.
- (G) Section 266c, provided that the offense is a felony.
- (H) Section 266j.
- (I) Section 267.
- (J) Section 269.
- (K) Paragraph (1) of subdivision (b) of Section 286, provided that the offense is a felony.
- (L) Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 286.
- (M) Section 288.
- (N) Paragraph (1) of subdivision (b) of Section 288a, provided that the offense is a felony.
- (O) Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 288a.
- (P) Section 288.5.
- (Q) Section 288.7.
- (R) Subdivision (a), (b), (d), (e), (f), (g), or (h) of Section 289, provided that the offense is a felony.
- (S) Subdivision (i) or (j) of Section 289.
- (T) Section 647.6.
- (U) The attempted commission of any of the offenses specified in this paragraph.
- (V) The statutory predecessor of any of the offenses specified in this paragraph.
- (W) Any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this paragraph.
(b)
- (1) Except as provided in paragraphs (2) and (3), a person described in paragraph (2) of subdivision (a) shall not be relieved of the duty to register until that person has obtained a full pardon as provided in Chapter 1 (commencing with Section 4800) or Chapter 3 (commencing with Section 4850) of Title 6 of Part 3.
- (2)This subdivision does not apply to misdemeanor violations of Section 647.6.
- (3)The court, upon granting a petition for a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, if the petition was granted prior to January 1, 1998, may relieve a person of the duty to register under Section 290 for a violation of Section 288 or 288.5, provided that the person was granted probation pursuant to subdivision (d) of Section 1203.066, has complied with the provisions of Section 290 for a continuous period of at least 10 years immediately preceding the filing of the petition, and has not been convicted of a felony during that period.
Penal Code section 1203.4
(b) Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, subdivision (j) of Section 289, Section 311.1, 311.2, 311.3, or 311.11, or any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction.
Penal Code section 4852.01
(b) A person convicted of a felony or a person who is convicted of a misdemeanor violation of any sex offense specified in Section 290, the accusatory pleading of which has been dismissed pursuant to Section 1203.4, may file a petition for certificate of rehabilitation and pardon pursuant to the provisions of this chapter if the petitioner has not been incarcerated in a prison, jail, detention facility, or other penal institution or agency since the dismissal of the accusatory pleading, is not on probation for the commission of any other felony, and the petitioner presents satisfactory evidence of five years’ residence in this state prior to the filing of the petition.
(c) This chapter does not apply to persons serving a mandatory life parole, persons committed under death sentences, persons convicted of a violation of Section 269, subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, Section 288.7, or subdivision (j) of Section 289, or persons in military service.
(d) Notwithstanding any other law, the Governor has the right to pardon a person convicted of a violation of Section 269, subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, Section 288.7, or subdivision (j) of Section 289, if there are extraordinary circumstances.