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. The ABA has produced a website listing the collateral consequences of convictions, including the many consequences of sex offender registration.

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. However, Johnson v. Department of Justice (2015) 60 Cal.4th 871 overruled Hofsheier.

Sex Offenses That Do NOT Require Registration

Code	Crime	Notes
PC261.5	Statutory rape
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
PC286(b)(1) or (2)	Sodomy	People v. Thompson (2009) 177 Cal.App.4th 1424, 1430–1431
PC289(h) or (i)	Sexual penetration	People v. Ranscht (2009) 173 Cal.App.4th 1369

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	Kidnap 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	Only 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	Only for felonies
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 minors
PC311.2(b), (c), or (d)	Obscene matter depicting minors
PC311.3	Sexual exploitation of child
PC311.4	Use of minor in obscene matter
PC311.10	Advertising obscene matter depicting minors
PC311.11	Possession of child pornography
PC314	Indecent exposure
PC647.6	Child molestation
Former PC647a
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
WIC6600	Adjudication as a sexually violent predator (SVP)

Publication on Megan's Law website

With the passage of Megan's Law in 2004, many registered sex offenders have had their information published on the Internet. What information is published is dependent on the level of the offense. It can be categorized into the following five categories:

PC290.46(b) Home Address Category

PC290.46(c) Conditional Home Address Ceagory

PC290.46(d) ZIP Code Category

PC290.46(e) Excluded Category

Undisclosed Category

Offenses that require registration but not require publication on Megan's Law website

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	Kidnap for ransom committed with intent to PC261, PC286, PC288, PC288a, or PC289
PC261(a)(2) or (6)	Rape by force or threat
PC264.1
PC269
PC286(c) or (d)
PC288(a), (b), or (c)	Lewd conduct on a child as a felony
PC288a(c) or (d)
PC288.3 as a felony	PC288.3 as a felony
PC288.4 as a felony	PC288.4 as a felony
PC288.5
PC289(a) or (j)
PC288.7
PC311.1	PC311.1 as a felony
PC311.2(b),(c), or (d) as a felony	PC311.2 as a felony
PC311.3	PC311.3 as a felony
PC311.4(a), (b), or (c) as a felony	PC311.4 as a felony
PC311.10
PC311.11 as a felony
WIC6000	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
PC286(b)(2),(f),(g), or (i)
PC288a(b)(2),(f),(g), or (i)
PC289(b),(d),(e), or (i)
290.46(d) Zip Code Category
Code	Crime	Notes
PC243.4(a)	Sexual battery	Only if a felony
PC266	PC266 as a felony
PC266c as a felony
PC266j
PC267
PC288(c)	PC288(c) as a misdemeanor
PC288.3	PC288.3 as a misdemeanor
PC288.4	PC288.4 as a misdemeanor
PC626.81
PC647.6
PC653c
290.46(e) Excluded Category
Code	Crime	Notes
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