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.
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. All of those are noted by strikeouts.
| 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 |
| PC311.2(a) | Distribution of obscene matter |
| 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 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 cannot be published on Megan's Law website.
- n.b. Conspiracy of any offense, even if registration is required, cannot be 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 | 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) | 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 | 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
Because PC1203.4 relief is barred, a Certificate of Rehabilitation becomes legally impossible, so there is no relief from registration for the following offenses:
- PC311.1 as a misdemeanor
- PC311.2 (a) or (c) as a misdemeanor
- PC311.3 as a misdemeanor
- PC311.11 (a) or (c) as a misdemeanor
Absurdly, one can still file for a Certificate of Rehabilitation and get relief from registration for the above offenses as felonies.
Relief from registration is barred by PC4582.01(c) for the following offenses, because one cannot get a Certificate of Rehabilitation:
- PC269
- PC286(c)
- PC288
- PC288a(c)
- PC288.5
- PC288.7
- PC289(j)
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 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.