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)

Tier One, 10+-years registration
Code	Crime	Notes
PC243.4(b) or (e)	Sexual battery		PC261(a)(1)	Rape		PC266	Enticement of female minor
PC266c	Consent to sex by fraud or fear
PC285	Incest
PC286	Sodomy
PC288a(a), (b), or (c)(1)	Oral copulation on a minor		Tier Two, 20+-years registration
Code	Crime	Notes
PC261(a)(6)	Rape		PC288(a)	Lewd act on a child		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
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
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)

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.

Sex Offenses That Do NOT Require Registration

Code	Crime	Notes
PC261(a)(7)	Rape	But qualifies one for SVP
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(b)(1) or (2)	Sodomy	People v. Thompson (2009) 177 Cal.App.4th 1424, 1430–1431
PC286.5	Bestiality
PC288a(b)(1)	Oral copulation with a person under 18	People v. Hofsheier (2006) 37 Cal.4th 1185, 1193–1194 In re J.P. (2009) 170 Cal.App.4th 1292, 1299
PC288a(b)(2)	Oral copulation with a person under 16 by someone over 21	People v. Garcia (2008) 161 Cal.App.4th 475 People v. Luansing (2009) 176 Cal.App.4th 676, 682–683 People v. Hernandez (2008) 166 Cal.App.4th 641, 651
PC288a(e)	Oral copulation while incarcerated	People v. Ruffin (2011) 200 Cal.App.4th 669
PC288.2	Sending harmful matter to minor	If a misdemeanor
PC289(h) or (i)	Sexual penetration	People v. Ranscht (2009) 173 Cal.App.4th 1369
PC311.2(a)	Distribution of obscene matter
PC647(b)	Prostitution
PC647(h),(i), or (j)	Peeping

Offenses Requiring Sex 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	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:

Relief from registration eligible offenses

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:

PC1203.4 ineligible offenses

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."

Certificate of Rehabilitation ineligible offenses

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:

Relief from registration ineligible offenses

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 290.007

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.