Sex offender registration
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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 | |
| 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 |
| PC288.2 | Sending harmful matter to minor | If a misdemeanor |
| 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 | 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 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 | 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 | |
| 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. 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 level of the offense. It can be categorized into the following three categories:
- PC290.46(b) Home Address Category
- Address
- PC290.46(c) Conditional Home Address Ceagory
- Community of residence and ZIP code
- Address, if convicted of prior or subsequent offense listed in PC290.46(c)
- 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
- Undisclosed Category
- Offenses that require registration but cannot be published 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 | 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) or (j) | ||
| 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 | ||
| 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) | ||
| 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 | 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 | ||
| 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 | |
| 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 |
Relief from registration
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.