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.
| Code | Crime | Notes |
|---|---|---|
| PC261.5 | Statutory rape | |
| 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 | Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289 | |
| PC207 | Kidnapping committed with intent to violate Section 261, 286, 288, 288a, or 289 | |
| PC209 | Kidnap for ransom committed with intent to violate Section 261, 286, 288, 288a, or 289 | |
| PC261(a)(2) or (6) | ||
| 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 | PC220 except assault to commit mayhem | |
| 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) | PC243.4(a) as 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 |